Analysis

Conceptual problems with Colombia’s ongoing armed conflict in midst of a peace process

Introduction: victim attention and treatment in violent contexts The purpose of this post is show that after the armed conflict in Colombia was supposed to have ended, violence is just as bad – if not worse in some regards – as during the years before the 2016 peace agreement. Illustrating this with reference to qualitative …

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“International Law Talk” by Non-State Armed Groups

Non-state armed actors are increasingly engaging in “international law talk” – where they invoke the Geneva Conventions, mention humanitarian principles, and participate in international legal debates inside and outside of courtrooms. The Polisario Front in Western Sahara did it, the FARC in Colombia did it, the Taliban/Islamic Emirates in Afghanistan (IEA) did it, and the …

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Caught in the crossfire: responsibilities for ISIS members detained in North East Syria following Turkey’s Operation Peace Spring – Part II

Having examined the responsibilities of the Turkish forces and SDF towards the detainees in northern Syria (see Part I here), I am now going to analyse the responsibilities of the States of origin towards the ISIS members specifically. The thousands of ISIS members held in detention centers and camps by the SDF come from around …

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Caught in the crossfire: responsibilities for ISIS members detained in North East Syria following Turkey’s Operation Peace Spring – Part I

This two-part post addresses the responsibility of various actors with respect to the ISIS members held in detention in North East Syria in light of the new Turkish invasion. Starting with an overview of recent facts, the first post outlines the obligations of Turkish and Kurdish forces with respect to the detainees. The second post …

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Countering Internal Threats: Armed Groups and International Law

Dr Shane Darcy is a senior lecturer and Deputy Director of the Irish Centre for Human Rights in the School of Law at the National University of Ireland Galway. He is currently a Japan Society for the Promotion of Science visiting fellow at Doshisha University, Kyoto. His new book To Serve the Enemy: Informers, Collaborators …

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Understanding ISIS’s crimes in Kocho: a demographic analysis

In 2018, Dr. Valeria Cetorelli and I established the Yazidi Victims Demographic Documentation Project with the objective of identifying every victim of the attack on the Yazidi community of Sinjar by the armed group, the Islamic State of Iraq and Al-Sham (ISIS). By combining our two disciplines, we hoped to establish a reliable dataset that …

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A Novel Rationale to the Classification of Hostilities between Occupying Powers and Non-State Armed Groups

Introduction Based on the research conducted for my book on The Use of Armed Force in Occupied Territory (CUP 2018), this blog post addresses the contentious issue of the classification of hostilities in occupied territory, focusing on the rules applicable to the hostilities between the occupying power and non-state armed groups. This brief analysis does …

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Between paradox and panacea: legalizing exploitation of natural resources by armed groups in the fight against conflict resources

Daniëlla Dam-de Jong is an Associate professor of public international law at the Grotius Centre for International Legal Studies of Leiden University. The current contribution builds on earlier work. Natural resources have financed numerous armed conflicts in the past decades. In response, several initiatives have been developed to stop the trade in these so-called ‘conflict …

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Collection of bodies in Mosul: An act of revenge, humanity – or both?

This blog post is cross-posted on the blog of Utrecht Law School’s Montaigne Centre. This is a research centre that focuses on the rule of law and administration of justice. Last week, I listened to a podcast in NPR’s Rough Translation series that was on collecting the dead in Mosul, Iraq in 2018. The podcast …

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Reparations by Non-State Armed Groups

Reparations are measures to acknowledge and remedy the harm caused to victims by a responsible actor. International law and state practice in transitional societies, places the responsibility on the state to deliver reparations, but there is increasing recognition that non-state armed groups should also provide reparations. To some people it may seem morally jarring to …

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