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A Match Made in Hell? The Rise of Autonomous Weapons Use in Non-State Armed Groups

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“Hasta la vista, baby” Terminator 2: Judgment Day (1991) The Terminator was maybe the true visionary of our time, as the fear of ‘killer robots’, a recurring theme in fictional pop culture, actually came to life. Known as autonomous weapons systems (AWS) in the legal sphere, their rapid development and spread, especially with the recent increasing popularity …

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The power of religion: religious leaders as a tool for, or against, IHL-compliance by non-state armed groups

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The respect of international humanitarian law (IHL) by non-state armed groups (NSAGs) is a recurrent concern of the international community. In some cases, NSAGs may not deem themselves bound by IHL since they have not taken part in the creation of these same rules. This is why other means or strategies must be taken into …

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Non-State Armed Groups, Territorial State and Weaponisation of Humanitarian Aid: Is State Consent Necessary?

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Non-State armed groups (NSAGs) are commonly viewed in a negative light due to the legal ambiguities they bring in various areas. Particularly in non-international armed conflicts, these groups are often depicted as obstructive forces capable of impeding humanitarian operations. Nevertheless, it has been shown that States, too, have utilised the blockage of humanitarian assistance intended for territories …

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Humanitarian Assistance: At the mercy of territorial State’s consent and the consequences of trespassing it

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In two recent blog posts regarding humanitarian assistance in the aftermath of the earthquake in Türkiye and northwest Syria, the expectations between law and reality has set two different positions on the matter. On the one hand, Jelena Pejichas argued that under International Humanitarian Law (‘IHL’), humanitarian aid, besides the facts that it needs to be impartial, …

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Gendered Crime as a Central Focus in the ICC’s Al-Hassan Case

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The case of Prosecutor v Al Hassan Ag Abdoul Aziz Ag Mahomed Ag Mahmoud at the International Criminal Court (ICC) is precedent-setting for the ICC’s Office of the Prosecutor: it is the first case in which the crime against humanity of persecution on gender grounds has been litigated by the ICC, and the ICC is the first …

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The War Crime of Sentencing or Execution without Due Process in the Al Hassan Case: The Interpretative Pitfalls Hidden in the Application of the Crime

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1. Introduction The Al Hassan case is the first-ever case before an international (or hybrid) criminal tribunal dealing with the war crime of sentencing or execution without due process. Mr Al Hassan is charged with the crime as an accomplice under Article 25(3)(2)(d) and/or (c) of the Statute for his alleged involvement, as an important member of the Islamic Police, …

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Petite Sardine or Big Fish? Rebel Governance and the ICC Al Hassan Trial

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On 25 May, the Defence finished their closing statements in the Al Hassan case at the International Criminal Court (ICC). The case relates to acts committed during the nine months of 2012 and 2013 that Ansar Dine and Al-Qaida in the Islamic Maghreb (AD/AQMI) controlled Timbuktu. The case stems from a self-referral by Mali in July 2012 …

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Legal Documentation for Persons Living Under the Control of Armed Groups: Humanitarian Needs and Responses

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Introduction Most of today’s conflicts are non-international, i.e., they stem from violence between government authorities and non-state armed groups (NSAGs) or between NSAGs. In areas under the control of NSAGs, the State’s ability to provide services is often limited. In these situations, NSAGs might move to fill the vacuum left by the State by setting up a …

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Non-International Armed Conflicts and the Relevance of Common Article 1

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Protecting civilians in armed conflicts represents one of the main goals of international humanitarian law (IHL), as a distinct body of law intended to protect civilians, civilian objects, and other protected persons and objects that are or may be affected by armed conflicts. However, civilians still face frequent violations in international armed conflicts (IACs) and …

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