Legal Roundup February 2024 – September 2024

About the author(s):

Yiokasti Mouratidi is a Doctoral Candidate in the Department of International and Operational Law at the Swedish Defence University, jointly with the Faculty of Law, Economics and Governance at Utrecht University. Her PhD focuses on compliance with the law of armed conflict, particularly through the lens of technological developments. Previously, Yiokasti obtained her LLM in Public International Law from Utrecht University (2022) and her LLB in Law with European Law from the University of Nottingham (2019). Yiokasti has a strong interest in international humanitarian law and international security law.

We are very pleased to present the legal roundup for February 2024 – September 2024, containing publications on issues relating to armed groups and international law, non-international armed conflict, rebel governance, transitional justice and international criminal law. 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 2024 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, Non-International Armed Conflicts and International Law

Al-Dawoody, Ahmed and Thynne, Kelisiana, Of date palms and dialogue: Enhancing the protection of the natural environment under international humanitarian law and Islamic law, IRRC April 2024

Anwar, Tasniem, The law and politics of funding armed groups in Syria: how states (fail to) counter terrorism, European Journal of International Relations, Volume 30, Issue 1, 2024

Bradley, Martha, Revisiting and reimagining scholarly approaches: assessing the notion of intensity in complex non-international armed conflicts through aggregation, The Military law and the Law of War Review, Volume 61, Issue 2, 2023

Farley, Benjamin and Pradhan, Alka, Establishing a practical test for the end of non-international armed conflict, IRRC, May 2024

Hathaway, Oona, War unbound: Gaza, Ukraine, and the breakdown of international law, Foreign Affairs, Volume 103, Issue 84, 2024

Heffes, Ezequiel, Non-state armed groups, law-making and the shaping of international law in armed conflict, in Sivakumaran, Sandesh, and Burne, Christian (eds) Making and shaping the law of armed conflict, OUP, May 2024

Janssens, Pauline Charlotte, Internal legitimacy as a benchmark criterion for the inclusion of NSAGs in the making of IHL, Military Law and the Law of War Review, Volume 62, Issue 1, 2024

Kiel, Hannah, Arms transfers to non-state actors: the erosion of norms in international law, Edward Elgar, May 2024

Kurtulu?, ?ehmus, Characterization of the violence between Türkiye and the PKK, Leiden Journal of International Law, Volume 37, Issue 1, 2024

Moncrieff, Michael, Kilibarda, Pavle and Gaggioli, Gloria, Social network analysis and counterterrorism: a double-edged sword for international humanitarian law, Journal of International Conflict and Security Law, Volume 29, Issue 1, 2024

Rubin, Michael, and Malone, Iris, Foreign sponsorship of armed groups and civil war, International Studies Quarterly, Volume 68, Issue 2, June 2024

Shesterinina, Anastasia and Livesey, Michael, Armed group formation in civil war: ‘Movement’, ‘insurgent’, and ‘state splinter’ origins, Review of International Studies, Volume 50, Issue 4, 2024

Sivakumaran, Sandesh, and Burne, Christian, Making and shaping the law of armed conflict, OUP, May 2024

Wentker, Alexander, Party status to armed conflict in international law, OUP, July 2024

Rebel governance and civilian agency

Adamczyk, Sarah and Doumit, Jessica, Legal identity in limbo: humanitarian challenges and responses to civil documentation issued by de facto authorities in Northwest Syria, Citizenship Studies, Volume 27, Issue 7, 2023

Cañas-Martinez, Julia, Networks, marriage, and socioeconomics: comparing the men and women of the Islamic State, Studies in Conflict & Terrorism, 2024

Dhiman, Atharv and Harbers, Imke, Legal Identity at the margins: the impact of violent conflict on birth registration in India, Citizenship Studies, Volume 27, Issue 7, 2023

Drevon, Jerome, From Jihad to Politics: How Syrian Jihadis Embraced Politics, Oxford University Press, 2024.

Foster, Margaret, Gig economy insurgency, Studies in Conflict & Terrorism, June 2024

Furlan, Marta and Abenza, Omar Ahmed, Armed groups, religious leaders, and humanitarian norms: A case study of Hayat Tahrir al-Sham in Syria and Ansar Allah in Yemen, Journal of Human Rights Practice, July 2024

Grant-Brook, William, Documenting life amidst the Syrian war: Hay’at Tahrir al-Sham’s performance of statehood through identity documents, Citizenship Studies, Volume 27, Issue 7, 2023

Hedström, Jenny, Weddings amidst war: the intimate and insurgent politics of marriage, Citizenship Studies, Volume 27, Issue 7, 2023

Hampton, Kathryn, and Petkova Khan, Bilyana, Armed groups, states and families: accounting for the dead as an element of humane treatment, Citizenship Studies, Volume 27, Issue 7, 2023

Ide, Tobias, Supply and demand: drivers of women non-combat participation in rebel groups, Studies in Conflict & Terrorism, July 2024

Jannie, Lilja, et al, Territorial control by non-state armed groups and gendered access to healthcare in conflict using a new complex adaptive systems framework, Humanities and Social Sciences Communications, 2024

Kasfir, Nelson, Legacies of victors’ rebel governance, Civil Wars, 2024

Lloydd, Marnie, Legal identify under insurgencies and unrecognized states: interdisciplinary approaches pushing us back, better-equipped, to international law? Citizenship Studies, Issues 7, February 2024

Matfess, Hilary and Loken, Meredith, Women’s wings in rebel organisations: prevalence, purposes and variations, Civil Wars, 2024

Mampilly, Zachariah and Thakur, Shalaka, Rebel Taxation as Extortion or a Technology of Governance? Telling the Difference in India’s Northeast, Comparative Political Studies, 2024.

McGee, Thomas, Implications of legal identity documentation issued by the Kurdish-led Self Administration in Northern Syria: competition and compromise with the central state, Citizenship Studies, Volume 27, Issue 7, 2023

Tapscott, Rebecca and Urwin, Eliza, The Origins and Legacies of Unpredictability in Rebel-Incumbent Rule, Civil Wars, 1–28, 2024.

Torres-Soriano, Manuel, Following in the trail of Islamic State: The rise of media platforms in the Jihadist ecosystem  Studies in Conflict & Terrorism, September 2024

Vogel, Christoph and Musamba, Josaphat, Xerox soldiers, YouTube commanders and Twitter brigades: information warfare in eastern Congo, International Affairs, Volume 100, Issue 4, July 2024

Voyvodic, Clara, The fog of war: development, conflict narratives, and civilian victimisation in Colombia, Third World Quarterly, 45(9), 1497–1516, 2024

NSAGs, IR and reparations 

Hamlin, Rebecca, Rowen, Jamie and Luz Sanchez, Maria The paradox of diasporic peacebuilding amidst violence: Providing reparations to Colombians abroad, Human Rights Quarterly, Volume 46, Issue 2, 2024

Olson Lounsbery, Marie and DeRouen Jr., Karl, Are non-inclusive peace agreements effective counter-insurgency strategies?, International Peacekeeping, Volume 31, Issue 2, 2024

ICL

Bameka, Christelle Molima, The post-Ongwen case period and the reconciliation process in northern Uganda: local communities as a site of knowledge, International Criminal Law Review, 2024

Frisso, Giovanna, Children born of war: the recognition of children born of war as victims in the Ongwen case, International Criminal Law Review, 2024

Killean, Rachel and Grey, Rosemary, Interpretation and translation in atrocity trials: insights from the Khmer Rouge Tribunal, Cambridge International Law Journal, Volume 12, Issue 2, 2023

Nistor, Adina-Loredana, culture and the illusion of self-evidence: spiritual beliefs in the Ongwen trial, International Criminal Law Review, 2024

Palmer, Emma, Disconnect: the international criminal court’s engagement in the situation in Bangladesh/Myanmar, International Criminal Law Review, 2024

Perez-Leon-Acevedo, Juan-Pablo and Ferraz de Almeida, Fabio, Ongwen and the legitimacy of the ICC, International Criminal Law Review, 2024

Targeting, detention and administration of justice

Abuamer, Majd, Gaza’s subterranean warfare: Palestinian resistance tunnels vs. Israel’s military strategy, Studies in Conflict and Terrorism, May 2024

Garbino, Henrique, “It wasn’t because of human rights:” Exploring the limited use of landmines by Colombian paramilitary groups Studies in Conflict & Terrorism, September 2024

Weimann, Gabriel and Weimann-Saks, Dana, Coping with Hamas’s psychological warfare during the Gaza war, Studies in Conflict and Terrorism, March 2024

Transitional justice, peacekeeping and peacebuilding

Alici, Nisan, Learning from civil society actors in Turkey: using transitional justice in an ongoing conflict, International Journal of Transitional Justice, Volume 18, Issue 2, 2024

Ejeh, Emelda Undiandeye and Popoola, Ebunoluwa, Amnesty as a tool in the deradicalisation of Boko Haram terrorists in Nigeria: a threat to national security, The International Journal of Human Rights, Volume 28, Issue 5, 2024

Kotajoki, Jenniina, From confrontation to cooperation: describing non-state armed group–UN interactions in peace operations, International Studies Review, Volume 26, Issue 2, June 2024 

Rosas Duarte, Geraldine and Souza, Matheus, Illiberal peacebuilding in UN stabilization peace operations and peace agreements in the CAR, the DRC and Mali, international peacekeeping, Volume 31, Issue 2, 2024

Terrey, Sofie-Marie and Münichsdorfer, Ansgar, Humanitarian exemptions: illusive progress in safeguarding humanitarian assistance in the international counterterrorism architecture, Journal of Conflict and Security Law, Volume 29, Issue 2, 2024

Ugarriza, Juan and Peralta, Laly, Ex-combatants and the truth commission in Colombia: An analysis of the participation of former military and ex-guerrillas, International Journal of Transitional Justice, Volume 18, Issue 2, 2024

Vahedi, Luissa et al, Peacekeepers and local women and girls: A comparative mixed-methods analysis of local perspectives from Haiti and the Democratic Republic of Congo, International Peacekeeping, Volume 31, Issue 3, 2024

Reports

ACLED, A decade after Chibok: Assessing Nigeria’s regional response to Boko Haram, April 2024

ACLED, GI-TOC, Non-state armed groups and illicit economies in West Africa: armed bandits in Nigeria, July 2024

ACLED, GI-TOC, Non-state armed groups and illicit economies in West Africa: Anglophone separatists, September 2024

Buchanan, John, Choking Points: Opium Flows, Roadblocks and Illicit Finance in Burma’s Shan State, Politics of Passage Working Paper 03, DIIS / ICTD / Centre on Armed Groups, July 2024

Centre on Armed Groups, Drivers of ISKP Recruitment in Afghanistan, August 2024.

Clausen, Maria-Louise, Non-state armed groups in the sky, Danish Institute for International Studies, April 2024

Davies, Gemma, Mayhew, Leigh, The Bridge Network, Community engagement with armed actors in South Sudan: reducing violence and protection risks, ODI, February 2024

Edle, Abdirahman, Norman, Jethro and Schouten, Peer, Somalia’s isbaaro: Checkpoints and world-making beyond the state, Politics of Passage Working Paper 06, DIIS / ICTD / Centre on Armed Groups, August 2024

Geneva Water Hub, Fully foreseeable: The reverberating effects of water and health in Gaza, April 2024

Gillard, Emanuela-Chiara, Enhancing the security of civilians in conflict, Chatham House, May 2024

Hoffmann, Kasper, Verweijen, Judith and Muzalia, Godefroid, Roadblocks at the Rhythm of the Country: A Political Sociology of Roadblocks in DR Congo, Politics of Passage Working Paper 07, DIIS / ICTD / Centre on Armed Groups, September 2024

Isar, Sarajuddin, The Border Business: A Political Economy Analysis of Checkpoint Taxation in Afghanistan, The Politics of Passage, Politics of Passage Working Paper 02, DIIS / ICTD / Centre on Armed Groups, June 2024

Mantilla, Jorge, Border control paradox: The political economy of smuggling between Colombia and Venezuela, Politics of Passage Working Paper 04, DIIS / ICTD / Centre on Armed Groups, July 2024

McCarthy, Gerard and Nyana, Kyle, Dead-end dictatorship: roadblocks, rural livelihoods and resilient resistance in post-coup Myanmar, Politics of Passage Working Paper 05, DIIS / ICTD / Centre on Armed Groups, August 2024

Neil, Tony and Saw Day Chit, Beyond the ‘Rebel’ Territorial Trap: Governing Logics and Armed Group Sovereignty, DIIS / ICTD / Centre on Armed Groups, September 2024

Papesch, Tilman, and Phyo, Zin May, Drivers of Change: Reflecting on the significance of external support on women, peace and security to armed and political movements in Myanmar, Berghof Foundation, April 2024

Schouten, Peer, Gallien, Max, Thakur, Shalaka, van den Boogaard Vanessa and Weigand, Florian, Roadblocks and Revenues: The Politics of Passage, Politics of Passage Working Paper 01, DIIS / ICTD / Centre on Armed Groups, June 2024

Shakir, Wameedh, Sjöberg, Ann-Kristin, and Gorkem, Beytul, Empowering lies within: opportunities and challenges for the implementation of the Women, Peace and Security Framework by Political Movements in Yemen, Berghof Foundation and Fight for Humanity, July 2024

Wentker, Alexander, Jackson, Miles and Hill-Cawthorne, Lawrence, Identifying co-parties to armed conflict in international law: How states, international organizations and armed groups become parties to war, Chatham House, March 2024

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