from Part II - Non-State Armed Groups, Motives, Legal Basis and Organisation
Published online by Cambridge University Press: 27 January 2022
Inquiring about the role and regulation of non-State actors (NSAs) often leads to captivating discussions, largely because examining the rules applicable to these entities implies certain choices that not everyone is willing to make. Indeed, moving away from State-centric conceptions (and the ‘beliefs’ contained therein) is not exclusively a legal exercise; it also involves a policy decision that lawyers (and the institutions for which they work) are often reluctant to make. In this context, the present book has invited the reader to think differently about a system that places NSAs at the periphery and non-State armed groups (NSAGs) in the margins of this periphery. The analysis has focused on the legal regulation of the detention activities of NSAGs in non-international armed conflicts (NIACs), but it is expected that many of the findings can also be applied to other entities operating in the legal realm. Bearing these considerations in mind, this final chapter has a two-fold goal. On the one hand, it presents some of the key conclusions of the book; on the other hand, it proposes new avenues to put them into practice when dealing with NSAGs in the field of detention.
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