Autore
Iñigo Alvarez, LauraTitolo
Challenging The Westphalian Order: Incorporating Armed Groups in Law-Making Under International Humanitarian LawPeriodico
Ordine internazionale e diritti umaniAnno:
2017 - Fascicolo:
2 - Pagina iniziale:
167 - Pagina finale:
189In recent times, much of the focus has been placed on the incorporation of certain
non-state actors, such as NGOs and transnational corporations, into different lawmaking
processes, although the resulting rules are considered soft law. However, little
attention has been paid to the possibility of affording armed groups a degree of
participation in law-making processes, in large part due to the argument that this might
inappropriately legitimize such groups. Although it is not realistic for non-state armed
groups (NSAGs) to fully participate in multilateral treaty-making processes, it will be
argued that it is possible to include some of their views in the development of future
humanitarian rules. In this paper, I will deal with four mechanisms through which armed
groups could be included in law-making processes. Special consideration will be given to
the Geneva Call Deed of Commitment in the case of Sudan as this provides an example
of the way in which the commitment of an armed group to adhere to rules of
international humanitarian law can influence the position of states in connection with
ratifying treaties on IHL (in this case, the Ottawa Convention).
SICI: 2284-3531(2017)2<167:CTWOIA>2.0.ZU;2-5
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