
Contents
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I. Introduction I. Introduction
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II. Non-State Armed Groups’ Law-Making Activities: Domestic and Quasi-international Efforts II. Non-State Armed Groups’ Law-Making Activities: Domestic and Quasi-international Efforts
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A. Non-State Armed Groups’ “Domestic” Law-Making Activities A. Non-State Armed Groups’ “Domestic” Law-Making Activities
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B. Non-State Armed Groups’ “Quasi-International” Law-Making Activities B. Non-State Armed Groups’ “Quasi-International” Law-Making Activities
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III. How NSAGs’ Law-Making Activities Shape International Law in Armed Conflict III. How NSAGs’ Law-Making Activities Shape International Law in Armed Conflict
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A. NSAGs’ Law-Making Activities: Shaping the International Law in Specific NIACs A. NSAGs’ Law-Making Activities: Shaping the International Law in Specific NIACs
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B. NSAGs’ Law-Making Activities and Their Impact on the International Legal Architecture B. NSAGs’ Law-Making Activities and Their Impact on the International Legal Architecture
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IV. Concluding Remarks IV. Concluding Remarks
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12 Non-State Armed Groups, Law-Making, and the Shaping of International Law in Armed Conflict
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Published:May 2024
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Abstract
This chapter examines certain non-State armed groups’ (NSAGs’) law-making activities to understand how these entities are shaping the international law applicable in non-international armed conflict. It explores the various forms these activities can take, proposing a differentiation between “domestic” law-making activities, which include NSAGs’ codes of conduct and laws, and “quasi-international” ones, comprising special agreements under Common Article 3 to the 1949 Geneva Conventions, UN Action Plans, and Geneva Call’s Deeds of Commitment. Based on their, the chapter submits that NSAGs shape the legal landscape in two ways: (1) by agreeing to bring into force international obligations that may not otherwise be applicable, thereby modifying the regulatory framework of specific conflicts; and (2) by influencing the (growing) view that international human rights law is applicable to NSAGs’ actions. This chapter also shows that some international institutions, and even States, have supported the adoption of various documents containing international law provisions.
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