Legal Roundup February 2023 – September 2023

About the author(s):

Yiokasti Mouratidi is an LLM graduate in Public International Law from Utrecht University, the Netherlands. She previously obtained her LLB in Law with European Law from the University of Nottingham, UK. Yiokasti has a strong interest in international humanitarian law, international security law and their intersections with environmental issues. Yiokasti currently works in the defence team at the UK Mission to the EU in Brussels; her work on the AGIL blog is provided in a personal capacity and does not necessarily reflect the views of any present or previous employer.

We are very pleased to present the legal roundup for February 2023 – September 2023, containing publications on issues relating to armed groups and international law, non-international armed conflict, rebel governance and transitional justice. It was prepared by Yiokasti Mouratidi, and finalised with input from Katharine Fortin, Ezequiel Heffes, Andrea Farrés, Saeed Bagheri, Jelena Aparac, Anki Sjöberg and Florian Weigand.

If you have a 2023 publication which you think should be included in this roundup, please do not hesitate to contact the editors of the blog.

Please note that due to paywalls and your institution’s permissions, the given link may not always take you to the text of the article. The Armed Groups and International law blog has published legal roundups since 2012. For previous versions of the legal roundup, see here.

Non-State Armed Groups, NIACs and International Law

Alexandra, Amanda, Filling the Gaps, The Expansion of International Humanitarian Law and the Juridification of the Free-Fighter, Journal of International Humanitarian Legal Studies, June 2023, Advance Access

Baagø-Rasmussen, Line, Atterby, Carin and Dutordoir, Laurent, Building the Case for a Social and Behaviour Change Approach to Prevent and Respond to the Recruitment and Use of Children by Armed Forces and Armed Groups, International Review of the Red Cross, September 2023         

Bagheri, Saeed, Military Assistance and State Responsibility for ‘in Bello’ Violations During Non-International Armed Conflicts, Irish Yearbook of International Law, Volume 15

Bagheri, Saeed, The Legal Limits to the Destruction of Natural Resources in Non-International Armed Conflicts: Applying International Humanitarian Law, International Review of the Red Cross, Volume 105, Issue 923, June 2023

Cuddy, Brian and Kattan, Victor, Making Endless War: the Vietnam and Arab-Israeli Conflicts in the History of International Law, University of Michigan Press, 2023

Dias, Leandro and Heffes, Ezequiel, New Typologies of Non-International Armed Conflict? An Analysis of Article 8(2)(f) of the Rome Statute, March 2023, Advance Access

Fink, Martin, Challenges of Applying the Law of Naval Warfare in Non-International Armed Conflict at Sea, The Military Law and Law of War Review, Volume 61, No. 1, July 2023

Fortin, Katharine and Heffes, Ezequiel, eds. Armed Groups and International Law: In the Shadowland of Legality and Illegality, Edward Elgar, 2023

de Koningh, Ingeborg, Consolidating International Humanitarian Law and International Human Rights Law: Protection from Gender-Based Violence Against Women in Non-International Armed Conflict, Netherlands International law Review, Volume 70, 2023

Kalmanovitz, Pablo, Can Criminal Organizations be Non-State Parties to Armed Conflict?, International Review of the Red Cross, Volume 105, Issue 923, June 2023

Mignot-Mahdavi, Rebecca, Rethinking Direct Participation in Hostilities and Continuous Combat Function in Light of Targeting Members of Terrorist Non-State Armed Groups, International Review of the Red Cross, Volume 105, Issue 923, June 2023

Mekky, Omar, Islamic Jihadism and the Laws of War, A Conversation in International and Islamic Law Languages, OUP 2023

Moffett, Luke, Reparations and War, OUP 2023

Padin, Juan Francisco, Opening Pandora’s box: the Case of Mexico and the Threshold of Non-International Armed Conflict, International Review of the Red Cross, Volume 105, Issue 923, June 2023

Palma, Najla Nassif, Is Rio de Janeiro Preparing for War? Combating Organized Crime or Engaging in a Non-International Armed Conflict? International Review of the Red Cross, Volume 105, Issue 923, June 2023

Pérez-León-Acevedo, Juan-Pablo, Sexual and Gender-Based Violence Committed by Non-State Armed Groups Against Women/Girls and LGBT+ Persons in Non-International Armed Conflicts: Peru’s Case, Journal of International Humanitarian Legal Studies, June 2023

Rebel Governance and Civilian Agency

Bandiera, Antonella, Dinarte-Diaz, Lelys, Jemnez, Juan Miguel, Rozo, Sandra and Sviatschi, Maria Michaela, Rebel Governance and Development: The Persistent Effects of Distrust in El Salvador, January 2023, Working Paper

Berlingozzi, Laura and Raineri, Luca, Reiteration or Reinvention? Jihadi Governance and Gender Practices in the Sahel, International Feminist Journal of Politics, Volume 32, Issue 3, August 2023

Breslawski, Jori, Can Rebels Bolster Trust in the Government? Evidence from the Philippines, Journal of Conflict Resolution, Volume 67, Issue 4, 2023

Cismas, Ioana, Furlan, Marta, Parisi, Piergiuseppe, Rush, Chris, Heffes, Ezequiel and El Jamali, Hasnaa, Considerations and Guidance for the Humanitarian Engagement with Religious Leaders, University of York, 2023 

Giri, Keshab, Rebel Governance of Marriage and Sexuality: An Intersectional Approach, International Studies Quarterly , Volume 67, Issue 2, June 2023

Jackson, Ashley and Weigand, Florian, How the Taliban are Losing the Peace in Afghanistan, Current History, Volume 122, Issue 843, April 2023

Mampilly, Zachariah and Gutierrez, José Antonio, A Tax Like Any Other? Rebel Taxes on Narcotics and Wartime Economic Order, International Politics, September 2023

Mukhopadhyay, Dipali and Howe, Kimberly, Good Rebel Governance, Revolutionary Politics and Western Intervention in Syria, Cambridge University Press, June 2023 

Nieto-Matiz, Camilo, Land and State Capacity During Civil Wars: How Land-Based Coalitions Undermine Property Taxation in Colombia, Journal of Conflict Resolution, Volume 67, Issue 4, 2023

Newman, Edward and Waterman, Alex, The Impact of COVID-19 on Insurgency and Rebel Governance: Lessons from India’s Northeast, Journal of Global Security Studies, Volume 8, Issue 2, June 2023

Van Baalen, Sebastian, Civilian Protest in Civil War: Insights from Côte d’Ivoire, American Political Science Review, June 2023

Voyvodic, Clara, Negotiating ‘Hearts and Minds’: Conflict, Infrastructure, and Community Support in Colombia, Small Wars & Insurgencies, September 2023

Widiatmo, Dani and Wardani, Abellia Anggi, Chinese War in Southeast Asia’s Frontier: Contesting Kokang’s Chinese Identity on Myanmar-China Border Conflict, Small Wars & Insurgencies, Volume 34, Issue 7, September 2023

Non-state Armed Groups, International Responsibility and Reparations

Loperena, Ana Iris,  Rosas, Fabián, Cáceres, Paula, Carianil, Laura and Santamaria, Angela Reparations for Indigenous Women Subjected to Sexual and Environmental Violence in the Colombian Post-Peace Agreement, International Journal of Transitional Justice, Volume 17, Issue 1, March 2023

International Criminal Law

Labuda,Patryk,  International Criminal Tribunals and Domestic Accountability: In the Court’s Shadow, Oxford University Press 2023

Yanev, Lachezar, Syrian War Crimes Trials in The Netherlands: Claiming Universal Jurisdiction Over Terrorist Offences and the War Crime of Outrages Upon Personal Dignity of the Dead, Netherlands Yearbook of International Law, Volume 51, April 2023

Targeting, Detention and Administration of Justice

Marchesi, Diletta, Criminalizing Acts of Rebel Governance as War Crimes: An Assessment Focused on the War Crime of Sentencing or Execution without Due Process, Journal of International Criminal justice, Volume 21, Issue 2, May 2023

Transitional Justice, Peacekeeping and Peacebuilding

Ariza-Buitrago, Isabella and Gomez-Betancur, Luisa, Nature in Focus: The Invisibility and Re-Emergence of Rivers, Land and Animals in Colombia’s Transitional Justice System, International Journal of Transitional Justice, Volume 17, Issue 1, March 2023

Dorn, Walter, Peacekeepers in Combat: Protecting Civilians in the D.R. Congo, Journal of International Peacekeeping, Volume 26, Issue 1, June 2023

Gutiérrez, José and Murphy, Emma, The Unspoken Red-Line in Colombia: Gender Reordering of Women Ex-Combatants and the Transformative Peace Agenda, Cooperation and Conflict, Volume 58, Issue 2, June 2023

Holá, Barbora and Munivrana, Maja, There is Something Special about War Criminals . . . : Constructing and Assessing the Rehabilitation of War Criminals at the ICTY/IRMCT and in Croatia, Journal of International Criminal Justice, Volume 21, Issue 1, March 2023

Ordoñez-Vargas, Laura, Peralta Gonzalez, Laly Catalina and Prieto-Rios, Enrique,  An Econcentric Turn in the Transitional Restorative Justice Process in Colombia, International Journal of Transitional Justice, Volume 17, Issue 1, March 2023 

Parrin, Anjli,  “How Did they Die?”: Bridging Humanitarian and Criminal-Justice Objectives in Forensic Science to Advance the Rights of Families of the Missing under International Humanitarian Law, International Review of the Red Cross, Volume 105, Issues 923, June 2023

Strupinskien?, Lina, Life After Conviction at the International Criminal Tribunal for the Former Yugoslavia: Mapping the Empirical Reality, Journal of International Criminal Justice, Volume 21, Issue 1, March 2023

Yaw Tchie, Andrew E., Nomads and Warlords, Chadian Forces in African Peace Operations, Journal of International Peacekeeping, Volume 25, Issue 4, May 2023

Reports

Afghanistan Analysts Network, Taleban Perceptions of Aid: Conspiracy, Corruption and Miscommunication, July 2023

Centre on Armed Groups and ODI, Crime and Communities: Life Under Armed Group Control,March 2023

Centre on Armed Groups, Hiraal Institute and ODI, Playing the Long Game: Exploring the Relationship Between Al-Shabab and Civilians in Areas Beyond State Control, August 2023

Centre on Armed Groups and Small Arms Survey: Taliban Arms Management Practices, June 2023

Century Foundation, A Three-Part Formula to Persuade Armed Groups in Yemen to Respect Human Right, May 2023

Geneva Academy, Youth Associated with Non-State Armed Groups: Building an Evidence base on Disengagement Pathways and Reintegration Challenges, June 2023

Global Centre for the Responsibility to Protect, The Responsibility to Protect and Armed Groups, May 2023

Global Coalition to Protect Education from Attack, Non-State Armed Groups and Attacks on Education: Exploring Trends and Practices to Curb Violations, September 2023

ICRC, Detention by Non-State Armed Groups, April 2023

ICRC, Reducing Civilian Harm in Urban Warfare: a Handbook for Armed Groups, April 2023

International Development Law Organization, Diverse Pathways to People-Centred Justice, September 2023 

International Peace Institute, Forced Marriage by Non-State Armed Groups: Frequency, Forms, and Impact, April 2023

The Centre for Justice and Accountability, The Cubs of the Caliphate, August 2023  

The Centre for Justice and Accountability, The Agency and Roles of Foreign Women in ISIS, August 2023 

The Centre for Justice and Accountability, The Islamic State and its Treatment of Out-Groups: A Comparative Analysis, August 2023 

The Centre for Justice and Accountability, ISIL Propaganda, August 2023 

The Centre for Justice and Accountability, The “Mujahid’s Bag” Digitally Curating the Legacy of Foreign Fighter Training Materials, August 2023

The Centre for Justice and Accountability, Victory, Violations, and Investment: Inside Islamic State’s System of Slavery, August 2023

The Centre for Justice and Accountability, The Islamic State’s Pillage Economy: The Policy of Confiscations, August 2023 

UNDP, Journey to Extremism in Africa: Pathways to Recruitment and Disengagement, February 2023

Wilton Park, Reintegration of Children Associated with Armed Forces or Armed Groups, February 2023

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