Jungle justice
Passing sentence on the equality of belligerents in non-international armed conflict
Bibliographic Data
| ID | 12848701 |
|---|---|
| Authors | Jonathan Somer (0000-0001-7657-7197, corresponding author) |
| Year | 2007 |
| Volume | 89 |
| Issue | 867 |
| Pages | 655-690 |
| Publication date | 2007-09-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | International Review of the Red Cross (JOURNAL) |
| Journal identifiers | ISSN: 1607-5889 • E-ISSN: 1816-3831 |
| Publisher | Cambridge University Press (CUP) (PUBLISHER) |
| DOI | 10.1017/s1816383107001221 |
| OpenAlex | W2132758786 |
| Language | EN |
| Citations received | 17 |
| References cited | 21 |
A special challenge posed by the international humanitarian law (IHL) principle of equality of belligerents in the context of non-international armed conflict is the capacity of armed opposition groups to pass sentences on individuals for acts related to the hostilities. Today this situation is conflated by the concurrent application of international human rights and criminal law. The fair trial provisions of IHL can incorporate their human rights equivalents either qua human rights law or by analogy, recognizing that human rights law does not account for the anomalous relationship between a state and non-state party. It is argued that the preferred solution is the latter. This would put greater focus on the actual fairness of insurgent courts rather than on their legal basis. Moreover, it would be consistent with the equality of belligerents principle, a vital condition to encourage IHL compliance by armed opposition groups
Analogy · Geography · Human rights · International humanitarian law · Jungle · Law and economics · Opposition (politics · Political science · Sociology · Global Peace and Security Dynamics · International Law and Human Rights · Law · Philosophy · War, Ethics, and Justification
Mapping calamities
Penality in the Underground
And Yet It Exists
Engaging Armed Non-State Actors to Protect Children from the Effects of Armed Conflict
Thinking Critically about Armed Groups and Human Rights Praxis
Taking prisoners
The legal protection of persons living under the control of non-State armed groups
Special agreements as a means of enhancing compliance with IHL in non-international armed conflicts
Investigating the Jana Adalat of the 1996–2006 armed conflict in Nepal
The impacts of human rights law on the regulation of armed conflict
Various mechanisms and approaches for implementing international humanitarian law and protecting and assisting war victims
Exploring the “continuous combat function” concept in armed conflicts
Closing the gap
Detention by armed groups
The relationship between international humanitarian and human rights law where it matters
International law and armed non-state actors in Afghanistan
Is There a Right to Detain Civilians by Foreign Armed Forces During a Non-International Armed Conflict
The Human Rights Obligations of Non-State Actors
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
On the relationship between human rights law protection and international humanitarian law
Common Article 1 of the Geneva Conventions revisited
How Does Law Protect in War? Cases, Documents and Teaching Materials on Contemporary Practice in International Humanitarian Law
The relationship between international humanitarian law and human rights law
Challenges in applying human rights law to armed conflict
International Humanitarian Law and Human Rights Law
A Human Rights Law of Internal Armed Conflict
Nuremberg Revisited
Security Council Resolution 1373 and the Constitution of the United Nations
Binding Armed Opposition Groups
The Status of Rebels under the 1977 Geneva Protocol on Non-International Armed Conflicts
Legality of the Threat or Use of Nuclear Weapons
The Geneva Conventions of 1949
Moving Forward on the Development of Minimum Humanitarian Standards
International Criminalization of Internal Atrocities
The United Nations Mission in El Salvador. A Humanitarian Law Perspective
| Unique citing works | 17 |
|---|---|
| Citations per year | 0,94 |
| Citation span | 2008 - 2023 (16) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 17 |