Mitigating humanitarian crises during non-international armed conflicts: the role of human rights and ceasefire agreements

Article English OPEN
Lane, Lottie (2016)
  • Publisher: Springer Nature
  • Journal: Journal of International Humanitarian Action (issn: 2364-3412)
  • Related identifiers: doi: 10.1186/s41018-016-0002-z

Situations of humanitarian crisis are often caused by armed conflicts. Given the prevalence of non-international armed conflicts today, ways of ameliorating these situations are at the forefront of concerns. The international humanitarian law rules governing non-international armed conflict remain much less developed than those for international armed conflicts. This is exacerbated by the lack of direct human rights obligations for non-state armed groups, which makes governing the behaviour of non-state parties to non-international armed conflicts (non-state armed groups) even more challenging. Although several initiatives have been taken to encourage non-state actors to mitigate situations of humanitarian crisis, the role of human rights law is in need of further clarification. The paper aims to assess what role human rights may have in improving humanitarian crises, suggesting one specific way: The paper will first discuss the international laws applicable to situations of non-international armed conflict, before critically analysing some of the initiatives that have already been taken to govern the behaviour of non-state armed groups. Part 3 will assess the possibility of using cease-fire agreements to impose specific human rights obligations on all parties to a non-international armed conflict. Finally, a conclusion will be drawn in Part 4 as to the role that human rights and ceasefire agreements could have during humanitarian crises.
  • References (120)
    120 references, page 1 of 12

    Abraham S (2003) Child soldiers and the capacity of the optional protocol to protect children in conflict. Human Rights Brief 10(No. 3):15-19

    Acuerdo de San José sobre Derechos Humanos 1990. A/44/971-S/21541, S/21541. A translated version is available on the website of the United States Institute of Peace, Peace Agreements Digital Collection. publications/peace-agreements. Accessed 21 Jan 2016.

    Australian National Security Database on Terrorist Organisations (2014). http:// aspx. Accessed 24 September 2015.

    Barnes-Dacey J (2014) The Islamic State and the struggle for control in Syria. In: European Council on Foreign Relations, 2 October 2014. article/commentary_the_islamic_state_and_the_struggle_for_control_in_ syria325. Accessed 20 Jan 2016.

    Bellal A, Giacca G, Casey-Maslen S (2011) International law and armed non-state actors in Afghanistan. Int Rev Red Cross 93(881):47-79

    Best G (1994) Law and War Since 1945. Clarendon Press, Oxford.

    Bongard P (2013) Engaging armed non-state actors on humanitarian norms: reflections on Geneva Call's experience. In: Humanitarian Exchange Mission, p 58. Accessed 20 Jan 2016.

    Burke J, Kingsley P (2014) Israel and Hamas agree Egyptian proposal for 72-hour Gaza ceasefire., The Guardian, 10/gaza-israel-hamas-agree-72-hour-ceasefire-egyptian-proposal. Accessed 5 December 2014

    CESCR (1990) General comment no. 3: the nature of state parties' obligations (art. 2, para. 1, of the Covenant)., p E/1991/23

    CESCR (1999a) General comment no. 12: substantive issues arising in the implementation of the international covenant on economic, social and cultural rights: the right to adequate food (art.11)., p E/C.12/1999/5

  • Metrics
    No metrics available
Share - Bookmark