Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.
Monday, March 27, 2017
Clapham: Detention by Armed Groups Under International Law
Andrew Clapham (Graduate Institute of International and Development Studies) has posted Detention by Armed Groups Under International Law (International Law Studies, forthcoming). Here's the abstract: