Description
Bloomsbury Publishing PLC Human Rights Obligations of Non-State Armed Groups 2016 by Daragh Murray
This book is concerned with the regulation of non-State armed groups and the possibility of subjecting such groups to international human rights law obligations. It explores the de facto control theory and the possibility that international law may be applied in the absence of direct treaty regulation. Instead of proposing a radical approach to the question it recommends a modification of the traditional means of application in response to the reality of the situation. The work goes on to explore the attribution of obligations to armed groups in light of potential ratione personae restrictions. International human rights law treaties are interpreted in light of the contemporary international context. ‘Armed groups’ status as vertical authorities facilitates the vertical application of international human rights law in a manner consistent with both the law and its foundation in human dignity.Finally any such application must be effective in practice. To allow for this a division of responsibility between the territorial State and the armed group is proposed. The respect protect fulfill framework is adapted to facilitate the application of human rights obligations in a manner consistent with the control exerted by both the State and the armed group.