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Towards a Regime of Responsibility of Armed Groups in International Law


ISBN13: 9781839700040
Published: July 2020
Publisher: Intersentia Publishers
Country of Publication: Netherlands
Format: Paperback
Price: £75.00



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Armed groups have played a predominant role in the violations of international humanitarian law and international human rights law committed in conflict settings. The increase in the number of non-international armed conflicts during the past decades has emphasised the need to address the multiple legal challenges posed by the actions of armed groups. In particular, there is considerable uncertainty regarding the framework of responsibility for armed groups in international law. While much has been written regarding their international (primary) obligations, the possibility of developing a responsibility framework for armed groups under international law has been underexplored. Consequently, the aim of this book is to examine how the principles of international responsibility could be developed and adjusted to account for armed groups as collective entities.

This general aim has been divided into three specific objectives. First, the book analyses the concept of responsibility in international law and assesses the legal and practical reasons in favour of developing such a regime for armed groups. Second, it examines the viability of establishing a responsibility regime for armed groups based on rules of attribution. Third, it explores the possible legal consequences of responsibility applicable to armed groups, with a particular focus on the obligation to provide reparations to victims. In doing so, this book will argue that certain non-traditional sources of international law could be used to interpret and adapt international law to the current conditions of contemporary armed conflict.

Subjects:
Public International Law
Contents:
Introduction - Siel Demeyere
Part I. Static dimension of real obligations: concept and sources
Chapter 1. Property Law Scholarship
Chapter 2. Constitutive Building Blocks of Real Obligations
Chapter 3. Sources of Real Obligations
Chapter 4. Exclusion of Other Contracts and Obligations
Part II. Dynamic dimension of real obligations: liability for real obligations
Chapter 1. Transfer of the Obligation with the Property Right
Chapter 2. Abandonment
Chapter 3. Liability for Real Obligations: Overarching Issues
Chapter 4. Other Grounds for Extinction of Real Obligations
Part III. Real obligations in the framework of coexistent property rights Section I. Proprietary relationship regarding one single (im)movable
Chapter 1. Co-owner
Chapter 2. Apartment Rights
Chapter 3. Usufruct
Chapter 4. Long Lease
Chapter 5. Building Right
Chapter 6. Droit réel de jouissance spéciale in French Law
Part III. Real obligations in the framework of coexistent property rights Section II. Proprietary relationship involving two immovables
Chapter 1. Negative Obligations Between Two Pieces of Land: Servitude and Scottish Real Burden
Chapter 2. Positive Obligations Between Two Pieces of Land
Part IV. Autonomous real obligations
Chapter 1. Autonomous Negative Obligations: Kwalitatieve verplichtingen
Chapter 2. Autonomous Positive Obligations
Chapter 3. The (Im)possibility and (Un)desirability of Autonomous Real Obligations
Chapter 4. Conclusion
General Conclusion
Bibliography