Binding the unbound: challenges of applying international humanitarian law to non-state armed groups

Bagheri, S. ORCID: https://orcid.org/0000-0002-9398-8067 (2026) Binding the unbound: challenges of applying international humanitarian law to non-state armed groups. In: Vidmar, J. (ed.) Hague Yearbook of International Law, Vol. 39. Hague Yearbook of International Law, 39. Brill. (In Press) (ISSN: 0167-6660)

Abstract/Summary

It is now widely recognised that international humanitarian law (IHL) binds all parties to non-international armed conflicts (NIACs); however, non-State armed groups (NSAGs) have frequently violated or minimised their obligations under IHL. Aside from Common Article 1 of the 1949 Geneva Conventions, which imposes a positive obligation on States to respect IHL in all circumstances, Common Article 3 of the Geneva Conventions urges the parties to NIACs to further endeavour to bring into force, ‘by means of special agreements’, all or part of the other provisions of the Geneva Conventions. This article explores how respect for IHL can be encouraged by engaging with and including NSAGs in humanitarian, legal, and compliance-oriented processes to improve adherence to IHL. It begins by demonstrating the applicability of the Common Article 1 obligation to respect and ensure respect for IHL in NIACs, which requires States to find ways to improve NSAGs’ compliance with IHL. It then examines whether NSAGs have the legal capacity to enter into agreements with States and, if so, how such agreements could be effective and binding under international law. Finally, it aims to highlight the benefits of such agreements as practical tools for promoting respect for IHL by NSAGs, as well as the challenges and difficulties States face in negotiating and implementing these special agreements.

Item Type	Book or Report Section
URI	https://centaur.reading.ac.uk/id/eprint/129717
Refereed	Yes
Divisions	Arts, Humanities and Social Science > School of Law
Publisher	Brill
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