Abstract
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.
html
Included in
Civil Rights and Discrimination Commons, Comparative and Foreign Law Commons, Criminal Law Commons, Human Rights Law Commons, International Humanitarian Law Commons, International Law Commons, Military, War, and Peace Commons
Accessibility Request
Some items in this repository were created or digitized prior to implementation of the accessibility standards under the Rehabilitation Act of 1973 and are preserved in their original, unmodified state for research, reference, or historical recordkeeping. In accordance with the ADA Title II Final Rule, the College provides accessible versions of archival materials upon request. To request a version of a file or resource, please submit an Accessible File Request Form.