ABSTRACT

This chapter examines the obligations and accountability of Armed Non-State Actors (ANSAs) under international humanitarian law (IHL). The lack of accountability mechanisms has led, in the recent past, to proposals to institutionalize an IHL committee with the capacity to examine individual complaints against ANSAs as well. International humanitarian law is directly concerned with situations of armed conflict, including non-international ones. The latter type of conflict is by definition a situation which includes, at least, one ANSA as a warring party. The basic body of humanitarian law, the Geneva Conventions, provides for a whole series of agreements in the event that the opposing forces decide to proceed accordingly. The most common explanation for the applicability of humanitarian law rules to insurgent entities comes from the principle of legislative jurisdiction. The State Responsibility articles do not escape the general logic of international law as inter-state law. The State Responsibility articles have also foreseen a role for insurrectional movements.