Detention by Non-State Armed Groups under International Law

Explores how international law deals with detention conducted by non-State armed groups and the motivations behind these practices.

Ezequiel Heffes (Author)

9781108495660, Cambridge University Press

Hardback, published 17 February 2022

296 pages
23.5 x 15.7 x 2.4 cm, 0.6 kg

'Ezequiel Heffes takes his readers on a captivating journey: from academic debates to real-world conflicts, from modern interpretations of international humanitarian and human rights law to case studies on how NSAGs detain in practice. Driven by the desire to use the law to protect people, this book provides excellent insights into the reality of detention by NSAGs and how international law applies - or should apply - to that reality.' Tilman Rodenhäuser, International Committee of the Red Cross

During armed conflict, non-State armed groups deprive individuals of their liberty. While this is not a new phenomenon, its pervasiveness is reflected by recent examples in Colombia, Libya, Syria, Ukraine, Mali and the Democratic Republic of the Congo. Yet, examining these activities goes beyond its mere acknowledgment. It involves questions concerning their legality and the non-State armed groups' motivations when depriving individuals of their liberty. Drawing on his personal experiences while working for various humanitarian organizations, Ezequiel Heffes aims at elucidating how international law can be used as a protective tool in relation to individuals placed in detention by non-State armed groups. Based on case studies of selected groups and a normative and doctrinal analysis, he proposes minimum humanitarian principles applicable to those situations. By addressing a contemporary issue that touches upon a number of legal regimes, this study makes a valuable contribution to the law applicable in armed conflict.

Introduction
Part I. Non-State Armed Groups and International Law: 1. Non-State Armed Groups, Legal Personality and Typology
2. Locating Non-State Armed Groups Within the International Legal Architecture
Part II. Non-State Armed Groups, Motives, Legal Basis and Organization: 3. Detention in Non-International Armed Conflicts: From Prohibitions to Restrictions and Acceptance
4. To Detain, or not to Detain: An Inquiry into Non-State Armed Groups' Practices in Non-International Armed Conflicts
General Conclusion.

Subject Areas: International humanitarian law [LBBS], Public international law [LBB], Human rights [JPVH]