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Challenging the Traditional View that International Law Does not Extend to Non-State Armed Groups. Book Discussion

Published on November 3, 2016        Author: 

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While international human rights law (IHRL) and its numerous enforcement mechanisms have proliferated over the years, millions of people remain beyond its reach. Frequently this is because they live in areas controlled by non-state armed groups, often under difficult and oppressive conditions.  Dr. Daragh Murray’s new book “Human Rights Obligations of Non-State Armed Groups” (Hart, 2016) addresses this issue by providing a serious and thought-provoking account of why IHRL binds non-state armed groups, both inside and outside situations of armed conflict.

In times of armed conflict, international humanitarian law (IHL) places important restrictions on organized non-state armed groups to address this problem, but its rules are sparse. Moreover, IHL lacks a strong, universal, and functional international monitoring system. There are also plenty of situations outside of armed conflict, where IHL doesn’t apply, and yet armed groups maintain decisive influence over the lives of people.

Murray’s book, which looks to IHRL for answers, refreshingly challenges the traditional view that IHRL doesn’t bind non-state actors.  Far from being an activist’s manifesto or merely providing a wish-list of what law should do to regulate non-state armed groups, Murray goes to great pains to interrogate what more international law, and IHRL in particular, is capable of doing. He does this in a comprehensive manner—drawing on a variety of fields of public international law and capitalizing on the relatively few instances where international law binds non-state actors—to develop a legal theory that he then applies to civil and political rights as well as economic, social, and cultural rights. Murray provides us with a detailed diagram of how IHRL binds non-state armed groups and gives thorough explanations to support what he describes.  Read the rest of this entry…

 
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Al-Saadoon and the Duty to Investigate

Published on September 16, 2016        Author: 

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On September 9, a UK Court of Appeal handed down its judgment in Al-Saadoon & Ors v. Secretary of State for Defence [2016] EWCA Civ 811]. Much of that case revolved around when and how the European Convention on Human Rights (ECHR) applies to the conduct of a State beyond its own borders (i.e., extraterritorially) in situations of armed conflict where that State is in some way linked to a use of force that results in death.

This post focuses on a separate issue in the judgment: the duty to criminally investigate violations of non-refoulement (under Article 3, ECHR) and arbitrary deprivation of liberty (Article 5, ECHR). The non-refoulement issue arose after two individuals who U.K. military forces captured in Iraq claimed they were transferred to U.S. custody and in whose hands they were subsequently ill-treated. The Article 5 issue arose after U.K. military forces operating in Iraq detained several individuals who claimed to have had their Article 5 rights violated whilst in U.K. custody. The question that Lord Justice Lloyd Jones had to resolve was whether, under the ECHR, the U.K. had a duty to conduct criminal investigations into these alleged violations.

Lloyd Jones LJ, agreeing with Mr. Justice Leggatt’s prior High Court judgment, said that no such obligation to investigate exists for all Art 3 non-refoulement and all Article 5 violations. Read the rest of this entry…

 
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