Armed Non-State Actors and the Human Rights Council

Completed in December 2016

As armed non-state actors play a crucial role in contemporary situations of armed violence, the United Nations Human Rights Council (HRC), its special procedures and commissions of inquiry have increasingly examined their activities and accountability. However, this has been inconsistent, mirroring the different views among legal scholars as to whether, to what extent and under what circumstances armed non-state actors have obligations under international law. There is thus a need to clarify the international legal obligations of armed non-state actors.

Launched in 2016, this project aimed to identify whether, to what extent and under what circumstances armed non-state actors incur obligations under international humanitarian law (IHL) and international human rights (HR) law. It will thus provide guidance for a more systematic approach when addressing HR abuses and violations of IHL by those actors.

RESEARCHER

Picture of Annyssa Bellal

Annyssa Bellal

Research Fellow and Strategic Adviser on International Humanitarian Law

Annyssa Bellal's areas of expertise include public international law, international humanitarian law, international human rights law and armed non-state actors.

OUTPUT

Human Rights Obligations of Armed Non-State Actors: An Exploration of the Practice of the UN Human Rights Council

The publication highlights the current challenges related to the Human Rights Council (HRC)’s approach to armed non-state actors (ANSAs) and proposes recommendations to better address this phenomenon.

The great majority of contemporary armed conflicts are fought between states and armed non-state actors (ANSAs) or between ANSAs. Against this background, the HRC has increasingly reported on ANSAs both in country and thematic resolutions. In some sessions, the HRC has adopted resolutions that directly address one or more ANSAs. For instance, resolution S-22/1 of September 2014 specifically covered the organisation known as ‘Islamic State’ and associated groups in Iraq, and in May 2015 resolution S-23/1 considered Boko Haram in ‘affected States’.

The terminology used in these resolutions is inconsistent. It sometimes speaks of violations of human rights law and violations of international humanitarian law and at other times speaks of human rights abuses and violations of humanitarian law. The use of the term ‘abuse’ rather than ‘violation’ reflects the unclear legal regime applicable to ANSAs involved in situations of armed conflict and violence. Indeed, while the law of armed conflict also binds ANSAs, the applicability of human rights law to these actors has been controversial, given the alleged objective of human rights treaties, understood as being a body of norms only meant to regulate the relationship between states and individuals living under their jurisdiction.

The In-Brief No. 7 Human Rights Obligations of Armed Non-State Actors: An Exploration of the Practice of the UN Human Rights Council describes the current legal framework applicable to ANSAs. It explores the practice of the HRC and makes recommendations that may be of interest to States, NGOs, and other stakeholders, including when they negotiate resolutions at the HRC.

‘This publication demonstrates that the practice of intergovernmental organizations such as the UN strongly suggests that ANSAs must also respect human rights law when they exercise elements of governmental functions or have de facto control over territory and a population’ underlines Dr Annyssa Bellal, Strategic Adviser on International Humanitarian Law at the Geneva Academy and author of the In-Brief.

Key Recommendations

As a consequence, the In-Brief recommends not using the distinction between the terms ‘abuses’ v. ‘violations’ when assessing or denouncing the behavior of ANSAs with regard to human rights, thereby avoiding giving any impression that all categories of ANSAs, including de facto authorities, might be free of human rights obligations.

It also recommends the HRC to avoid branding ANSAs as ‘terrorist’, regardless of their nature and motivation, as this all-encompassing denomination may create difficulties and dilemmas on a both legal and policy plane.

Finally, it suggests that more research is needed to develop a shared and more comprehensive understanding of the notion of de facto authorities, and identify the content of human rights norms that might be binding on ANSAs.

Publications

Cover of the In-Brief N°7

In-Brief N°7: Human Rights Obligations of Armed Non-State Actors: An Exploration of the Practice of the UN Human Rights Council

December 2016

Annyssa Bellal

Geneva Academy of International Humanitarian Law and Human Rights

Download >

Cover of the Policy Briefing No1: Reactions to Norms Armed Groups and the Protection of Civilians

Policy Briefing N°1: Reactions to Norms Armed Groups and the Protection of Civilians

January 2014

Stuart Casey-Maslen, Marina Mattirolo, Alice Priddy

Geneva Academy of International Humanitarian Law and Human Rights

Download >

Cover of the Rules of Engagement: Protecting Civilians through Dialogue with Armed Non-State Actors

Rules of Engagement: Protecting Civilians through Dialogue with Armed Non-State Actors

October 2011

Geneva Academy of International Humanitarian Law and Human Rights

Download >

MORE ON THIS THEMATIC AREA

Cover page of the book The 1949 Geneva Conventions: A Commentary News

‘The 1949 Geneva Conventions: A Commentary’ receives the American Society of International Law 2017 Certificate of Merit

February 2017

We are pleased to announce that the American Society of International Law has awarded their 2017 Certificate of Merit for ‘High Technical Craftsmanship and Utility to Practicing Lawyers and Scholars’ to the book The 1949 Geneva Conventions: A Commentary, edited by Professors Andrew Clapham, Paola Gaeta, and Marco Sassòli.

Read more

Homepage of the Rule of Law in Armed Conflict Portal News

A New Rule of Law in Armed Conflict Online Portal

February 2017

We are launching an updated version of our Rule of Law in Armed Conflict (RULAC) portal, an online database that identifies and classifies all situations of armed violence that amount to an armed conflict under international humanitarian law (IHL). The updated version includes all conflicts that have emerged over the last five years and are still ongoing.

Read more

Central African Republic, Ouham province. Member of the Central African Armed Forces. Training

Training on International Weapons Law

2017

The Geneva Academy offers professional training on weapons law, covering a wide range of subjects including the definition of weapons; Article 36’s weapons review; means and methods of warfare or new weapons technologies.

Read more

Syria, Old city of Aleppo. Destructed houses situated next to the frontline stand side by side alongside intact houses full of occupants just a few meters away from the frontline Short Course

The Classification of Armed Conflicts

27 April - June 2017

This course aims to study, in depth, an emblematic example of the complexity of international humanitarian law and the challenges it raises: the classification of armed conflicts.

Read more

Colombia, Mountains in the Valle del Cauca region, between Santander de Quilichao et Popayan. FARC-EP (Revolutionary Armed Forces of Colombia) combattants are getting ready for the fightings. Project

Rules of Engagement

Completed in January 2009

This project looked at how to enhance compliance by armed non-state actors with international norms, taking into account the views both of the actors themselves and the experiences of those engaged in dialogue with them.

Read more

UN Peacekeepers on Patrol in Abyei, Sudan Project

Post-Conflict Peacebuilding

Completed in January 2005

This research project aimed to clarify the multiple facets of post-conflict peacebuilding.

Read more