Towards a Regime of Responsibility of Armed Groups in International Law

Abstract

The role of armed groups has emerged as an essential topic of discussion in the areas of international humanitarian law and international human rights law. This increase in attention has been motivated by the increase in the number of non-international armed conflicts during the past decades and the necessity to address the multiple legal challenges that armed groups pose. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of a responsibility framework for armed groups under international law has been underexplored. Consequently, the overall aim of this research is to enquire how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities. This general aim has been divided into three specific objectives. First, the thesis seeks to analyse the concept of responsibility in international law and assess the legal and practical reasons in favour of the development of such a regime for armed groups. Second, it examines the viability of the establishment of a responsibility regime for armed groups based on rules of attribution. Third, the research explores the possible legal consequences of responsibility applicable to armed groups with a particular focus on the obligation to provide reparations to victims.This study has served to clarify the uncertainties regarding whether armed groups could be held responsible for violations of international humanitarian law as collectivities and which consequences might derive from such responsibility.