International Humanitarian Law and Non-State Actors Debates, Law
This book challenges the traditional approach to international law by concentrating on international humanitarian law and placing the focus beyond States: it reflects on current legal, policy and practical issues that concern non-State actors in and aroun
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Ezequiel Heffes Marcos D. Kotlik Manuel J. Ventura Editors
International Humanitarian Law and Non-State Actors
Ezequiel Heffes Marcos D. Kotlik Manuel J. Ventura •
•
Editors
International Humanitarian Law and Non-State Actors Debates, Law and Practice
123
Editors Ezequiel Heffes Policy and Legal Unit Geneva Call Chêne-Bougeries, Geneva, Switzerland
Marcos D. Kotlik Observatory of International Humanitarian Law, School of Law University of Buenos Aires Buenos Aires, Argentina
Manuel J. Ventura International Residual Mechanism for Criminal Tribunals Arusha, Tanzania and School of Law Western Sydney University
Sydney, Australia
ISBN 978-94-6265-338-2 ISBN 978-94-6265-339-9 https://doi.org/10.1007/978-94-6265-339-9
(eBook)
Published by T.M.C. ASSER PRESS, The Hague, The Netherlands www.asserpress.nl Produced and distributed for T.M.C. ASSER PRESS by Springer-Verlag Berlin Heidelberg © T.M.C. ASSER PRESS and the authors 2020 No part of this work may be reproduced, stored in a retrieval system, or transmitted in any form or by any means, electronic, mechanical, photocopying, microfilming, recording or otherwise, without written permission from the Publisher, with the exception of any material supplied specifically for the purpose of being entered and executed on a computer system, for exclusive use by the purchaser of the work. The use of general descriptive names, registered names, trademarks, service marks, etc. in this publication does not imply, even in the absence of a specific statement, that such names are exempt from the relevant protective laws and regulations and therefore free for general use. This T.M.C. ASSER PRESS imprint is published by the registered company Springer-Verlag GmbH, DE part of Springer Nature. The registered company address is: Heidelberger Platz 3, 14197 Berlin, Germany
Foreword
The chapters collected in this volume go beyond the doctrinal debates over whether non-state actors have personality, are subjects or objects of international law, or indeed whether or not they are bound by international obligations. The authors draw on their personal experiences to explain how non-state actors adjust their behaviour in light of international law, how such actors are contributing to the development of international law, and what sort of policies should be adopted towards non-state actors in order to ensure a better framework for the protection of those affected. An expansive definition of the term non-state actor allows the authors to cover the contemporary interactions between a multiplicity of ‘players’: the ICRC, the United Nations, private military companies, Geneva Call and the rebel groups themselves. There is a focus on the development of the UN through international courts and human rights bodies, but the book does not lose sight of the practices that are developing—often in parallel to the legal doctrine. Out of this examination of law and practice, the authors manage to point towards the policies that ought to be considered. Some of these require no changes to the legal fram
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