ARCHIVES
VOL. 10, ISSUE 5 (2024)
The legal implications of non-state armed group alliances and fragmentations in non-international armed conflict
Authors
Yunusa Usman
Abstract
International humanitarian law depends on parties adhering to their
obligations to balance military necessity and humanitarian considerations in
any armed conflict. Hundreds of non-state armed groups operate in various
non-international armed conflicts - the predominant species of armed conflict -
with significant humanitarian impact. However, the structural tentativeness and
fragility of many of these armed groups complicate their status as conflict
parties and, consequently, any expectation of compliance with their obligations
under the law of armed conflict, such as granting appropriate requests from
impartial humanitarian actors to access civilians in conflict zones for aid
delivery. Therefore, this Paper explores a range of scholarly postulations on
the implications of armed groups forming alliances or splintering on the
applicability of international humanitarian law in a non-international armed
conflict. The Paper concludes that theories on whether or when allied forces or
splinters qualify as bonafide conflict parties to any intra-state hostilities
provide general yet helpful analysis frames. Nevertheless, evaluating the
status of any specific entity in issue must also yield to the legal benchmarks
regarding organisational structure and ability to conduct coordinated military
operations and enforce norms of international humanitarian law within its
ranks.
Download
Pages:162-166
How to cite this article:
Yunusa Usman "The legal implications of non-state armed group alliances and fragmentations in non-international armed conflict". International Journal of Law, Vol 10, Issue 5, 2024, Pages 162-166
Download Author Certificate
Please enter the email address corresponding to this article submission to download your certificate.