Analysis

Measuring restraint against humanitarian norms: the case of landmines and similar explosive devices

Why are some non-state armed groups more violent than others? Why do some groups resort to inhumane means and methods of war while others restrain from doing so? In trying to answer these questions, a growing number of scholars and practitioners have focused on the drivers of restraint behaviour. However, defining and measuring restraint can …

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FARC-EP’s Rebel Environmental Governance: creating legal legacies of War

It is not typically assumed that armed non-state actors (ANSAs) have any role in governance activities. Despite the image of domestic anarchy as potentially leading to chaos and the dissolution of law, armed conflicts are always characterized by far more than fighting (Provost, 2021). When ANSAs seek to extend, consolidate, or legitimize their authority, they …

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The participation of community-based armed groups in NIACs: How to assess the intensity criterion

In recent years, data collected by the International Committee of the Red Cross (ICRC) has shown that the number of non-State armed groups (NSAGs) of humanitarian concern has remained consistently between 500 and 600, an increase compared to previous decades. In many conflict areas, several NSAGs co-exist in the same territory and compete or cooperate with each …

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Detention by non-State armed groups: translating law to practice

From the east of the Democratic Republic of the Congo to the north of Syria, from remote areas of Colombia to the Tigray region of Ethiopia: over the past decade, tens of thousands of people have found themselves detained by non-State armed groups. As part of its mandate, the ICRC works in all parts of …

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Aspirant States and the (Non-)Recognition of Legal Identity (Documents)

Introduction The question of legal identity in civil conflict and territories under rebel governance has increasingly been covered in academic and policy circles (e.g. Ukraine, Syria, Sri Lanka). However, the recognition of legal identity (documents) conferred by aspirant states remains under researched. Civil documents are a symbol of state sovereignty/identity, and non-state authorities often issue identity documents to create legitimacy and show …

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An Illegal Republic: the Challenges of the Formation and Proliferation of the Legal Identity of Karabakh Armenians

At the end of the 1980s, the Soviet Union was in turmoil. One problematic instance of the overall crisis was the conflict breaking out between Armenians and Azerbaijanis over the Nagorno-Karabakh Autonomous Oblast (NKAO). NKAO was an enclave populated predominantly by ethnic Armenians within the territory of the Azerbaijan Soviet Socialist Republic (AzSSR). Its administration, …

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On Becoming Citizens of the “Non-Existent”: Document Production and Migration in Abkhazia

Layla, a young girl from Damascus, attended both the adult and children’s Russian classes that the Danish Refugee Council offered Syrian-Circassian newcomers to Abkhazia in 2014-2015. One afternoon after class, I walked with her halfway to her new home up the hill tops as she told me her struggles about living in Abkhazia for the …

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Unrecognised Documents and the Right to Nationality: The Case of Western Sahara

Since 1976, after the end of Spanish colonial domination, Western Sahara has been considered a non-self-governing territory. The legal status of the territory remains disputed with Morocco occupying a part of the territory and the Polisario Front, a national liberation movement, exercising control over the remaining part. Sahrawis live in the occupied territory, in the territory under the …

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Hay’at Tahrir al-Sham’s Projection of Legitimacy through Identity Documents

As insurgencies and armed groups develop during civil wars, they often take on functions vacated by central governments. Over the course of more than a decade of civil war, power in Syria has fragmented. Various statelets claim control of their respective areas, attempting to administer and rule them and claiming the responsibilities of being a …

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Legal Identity in Limbo: Civil Documentation and De Facto Authorities in Northwest Syria

The consequences of displacement in Syria are becoming increasingly multi-generational, particularly in relation to legal identity, as more children are born into families with lost, damaged or destroyed documents or to families who never possessed documents in the first place. The devastating 6 February earthquake that struck Türkiye and Syria has further exacerbated the humanitarian situation …

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