An increasing number of international organizations and non-governmental organizations recognize the need to engage armed non-state actors (ANSAs) as a means of enhancing their respect for international humanitarian law (IHL) and human rights law.
The reasons for ANSAs’ lack of compliance with international law are diverse. They include, sometimes, sheer ignorance of the law and a lack of incentives to abide by the rules. Furthermore, while the state still has the primary responsibility to respect and ensure respect for international law in its territory, in some instances circumstances might not allow it to do so in practice. This is the case when a certain part of a state’s territory is outside its control for a prolonged period of time or when the state’s structures have totally collapsed. In these cases, the lack of clarity of the applicable legal framework weakens accountability and the possibility of obtaining reparations for the victims.
It is not uncommon for ANSAs to argue that either they have a different understanding and interpretation of international norms or they lack the capacity to implement them. Furthermore, certain ANSAs can express their commitment to a rule to which they are not in principle bound by international law (for example, the commitment not to use anti-vehicle mines or to abstain from using anti-personnel mines).
From a theoretical point of view, while international customary law is formed by state practice and opinio juris, reflecting on the practice and views of ANSAs is not deprived of a certain level of normativity. In fact, ANSAs might feel bound by the norms that they have agreed upon rather than by international treaties or international customary norms, as they did not participate in their elaboration. In this regard, the norms emerging from their own practice might have a higher chance of being implemented.
Against this background, this project aims to understand and study the practice and views of ANSAs on key norms of IHL and human rights law. It will also provide an outlook on the norms that are accepted or rejected by ANSAs, with a view to ensuring a better implementation of international law by these actors. In the longer term, the objective of the research is to provide material to elaborate on a possible ‘Model Code of Conduct’ for ANSAs.
The project will be conducted mainly through desk research. An advisory board composed of renowned experts and practitioners will supervise the process. In addition, interviews with selected ANSAs will be conducted in the field.
This project is conducted in partnership with the Swiss NGO Geneva Call.