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From Prohibitions to Restrictions and Acceptance
from Part II - Non-State Armed Groups, Motives, Legal Basis and Organisation
Published online by Cambridge University Press: 27 January 2022
Having analysed the place that non-State armed groups (NSAGs) occupy within the international legal architecture and the reasons why they are (and should be) bound by the obligations contained therein, this chapter focuses on how international law responds to some of their detention activities in non-international armed conflicts (NIACs). It explores, in particular, the possible legal basis that these non-State actors can rely upon to deprive individuals of the liberty, focusing on NSAGs’ law-making and ‘law-adapting’ activities. By relying on a ‘legal pluralistic’ approach to international law and on the principle of equality of belligerents under IHL, this chapter argues that NSAGs’ ‘laws’ can provide a valid legal basis for their activities in NIACs.
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