ABSTRACT

This chapter focuses upon nonstate armed groups, and the related category of terrorist groups. While the groups are diverse, they also share some commonalities: there are often questions as to whether and how international humanitarian law obligations and protections may apply to them, the nature of their human rights obligations, and what types of international crimes for which either groups or individual members may be considered responsible. Regulation and control of nonstate armed groups remain relatively underdeveloped. These groups are diverse, including rebel groups seeking to overthrow the state in whole or in part, resistance movements challenging state activities, paramilitary and parastatal forces, and autonomous militias. As the international community has become more concerned with addressing internal armed conflict, the difficulty of addressing nonstate armed groups has grown in salience and importance. Individual responsibility has been further extended through the creation of ad hoc criminal tribunals, the establishment of the International Criminal Court (ICC), and the exercise of universal jurisdiction.