By Liesbeth Zegveld
Armed competition teams in most cases struggle governments, looking overthrow and/or secession. yet who's in charge lower than foreign legislation for the acts devoted by way of those teams, or for the failure to avoid those acts? Zegveld examines the necessity legally to spot the events concerned while armed inner clash arises, and the truth in their call for for rights. even if at the moment so much armed conflicts are inner, they continue to be mostly uncharted territory in legislations. This award-winning research should be of curiosity to teachers, postgraduate scholars and pros concerned with armed clash and diplomacy.
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Additional resources for Accountability of armed opposition groups in international law
161 (Report of the Special Rapporteur, 19 February 1985) (hereafter, 1985 Report of the Special Rapporteur on Afghanistan). No. ICTR-96-4-T, at 248, para. 611 (2 September 1998) (hereafter, Akayesu case). Para. 3 (11 March 1987); see also UN Commission on Human Rights, Res. 1997/59, para. 7 (15 April 1997) (on Sudan). 4/1984/25, at 34 (Final Report on the Situation of Human Rights in El Salvador of J. A. 4/1995/111, para. S. Rodley, and the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions, Bacre Waly Ndiaye, 16 January 1995) (hereafter, 1995 Joint Report of the Special Rapporteur on Question of Torture, and the Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions); Inter-American Commission on Human Rights, Third Report on the Situation of Human Rights in Colombia, 12 the normative gap This practice, demonstrating that armed opposition groups are bound by Common Article 3 and Protocol II,9 also shows that international bodies have assumed competence to determine the applicability of these norms in speciﬁc cases.
44 The Rwanda Tribunal took a more cautious position as to the customary law status of Protocol II. In Prosecutor v. Jean-Paul Akayesu, the Tribunal, following the UN Secretary-General, found that Article 4(2) of Protocol II reﬂects custom. However, it did not recognize the Protocol as a whole to be customary law: As aforesaid, Protocol II as a whole was not deemed by the SecretaryGeneral to have been universally recognized as part of customary international law . . Whilst the Chamber is very much of the same view as pertains to Protocol II as a whole, it should be recalled that the relevant Article in the context of the ICTR is Article 4(2) (Fundamental Guarantees) of Protocol II.
See also UN Commission on Human Rights, Res. 1998/67, para. 6 (21 April 1998) (on Sudan) (calling on all parties to the hostilities to respect Common Article 3 and the Additional Protocols). 4/1995/58, para. 63(c) (30 January 1995). The Commission referred to the ‘applicable provisions of international humanitarian law’ (emphasis added), which included Protocol II. T. Meron, ‘Geneva Conventions as Customary Law’, above, n. 38, at 361. legal restraints on armed opposition groups as such 23 often recourse is had to misinformation with a view to misleading the enemy as well as public opinion and foreign Governments.