Understanding Armed Groups and the Applicable
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Understanding armed groups and the applicable law Volume 93 Number 882 June 2011 93 Number 882 June 2011 Volume Volume 93 Number 882 June 2011 Interview with Ali Ahmad Jalali Distinguished Professor at the National Defence University, Washington D.C. Armed groups and intra-state conflicts: the dawn of a new era? Arnaud Blin Armed groups’ organizational structure and their strategic options Abdulkader H. Sinno Economic dimensions of armed groups: profiling the financing, costs, and agendas and their implications for mediated engagements Achim Wennmann Reasons why armed groups choose to respect international humanitarian law or not Olivier Bangerter Understanding armed groups and the applicable law Humanitarian debate: Law, policy, action International law: armed groups in a state-centric system Zakaria Daboné Debate: Should the obligations of states and armed groups under international humanitarian law really be equal? Marco Sassòli and Yuval Shany The move to formal equality in international humanitarian law – a rejoinder to Marco Sassòli and Yuval Shany René Provost The applicability of international humanitarian law to organized armed groups Jann K. Kleffner Lessons for the law of armed conflict from commitments of armed groups: identification of legitimate targets and prisoners of war Sandesh Sivakumaran A collection of codes of conduct issued by armed groups Confronting Duch: civil party participation in Case 001 at the Extraordinary Chambers in the Courts of Cambodia Eric Stover, Mychelle Balthazard and K. Alexa Koenig International Committee of the Red Cross (ICRC) Policy on torture and cruel, inhuman or degrading treatment inflicted on persons deprived of their liberty Understanding armed groups www.icrc.org/eng/resources/international-review and the applicable law Cambridge Journals Online For further information about this journal please go to the journal web site at: ISSN 1816-3831 http://www.journals.cambridge.org/irc Editorial Team Editor-in-Chief: Vincent Bernard Editorial assistants: Mariya Nikolova and Michael Siegrist The Review is printed in English and is Publication assistant: published four times a year, in March, Claire Franc Abbas June, September and December. Special advisor on armed groups: Olivier Bangerter Annual selections of articles are also published on a regional level in Arabic, Aim and scope International Review of the Red Cross Chinese, French, Russian and Spanish. The International Review of the Red Cross is a periodical 19, Avenue de la Paix published by the ICRC. Its aim is to promote reflection on CH - 1202 Geneva Published in association with humanitarian law, policy and action in armed conflict and t +41 22 734 60 01 Cambridge University Press. other situations of collective armed violence. A special- f +41 22 733 20 57 ized journal in humanitarian law, it endeavours to promote e-mail: [email protected] knowledge, critical analysis and development of the law and contribute to the prevention of violations of rules protecting Editor-in-Chief Submission of manuscripts Subscriptions fundamental rights and values. The Review offers a forum for Vincent Bernard discussion about contemporary humanitarian action as well ICRC The International Review of the Red Cross invites Requests for subscriptions can be made to as analysis of the causes and characteristics of conflicts so submissions of manuscripts on subjects relating the following address: as to give a clearer insight into the humanitarian problems Editorial Board to international humanitarian law, policy and Rashid Hamad Al Anezi they generate. Finally, the Review informs its readership on Kuwait University, Kuwait action. Most issues focus on particular topics, Cambridge University Press, The Edinburgh questions pertaining to the International Red Cross and Red decided by the Editorial Board, which can be Building, Shaftesbury Road, Cambridge Crescent Movement and in particular on the activities and Annette Becker consulted under the heading Future Themes on CB2 8RU; or in the USA, Canada and Université de Paris-Ouest Nanterre La policies of the ICRC. Défense, France the website of the Review. Submissions related Mexico, email [email protected]: to these themes are particularly welcome. Cambridge University Press, 32 Avenue of Françoise Bouchet-Saulnier the Americas, New York, NY 10013-2473, Médecins sans Frontières, Paris, France Articles may be submitted in Arabic, Chinese, email [email protected]. Alain Délétroz English, French, Russian and Spanish. Selected International Committee of the Red Cross International Crisis Group, Brussels, articles are translated into English if necessary. The subscription price which includes Belgium The International Committee of the Red Cross (ICRC) delivery by air where appropriate (but is an impartial, neutral and independent organization Helen Durham Submissions must not have been published, sub- excluding VAT) of volume 93, 2011, which whose exclusively humanitarian mission is to protect the Australian Red Cross, Melbourne, Australia mitted or accepted elsewhere. Articles are sub- includes print and online access is £212.00 lives and dignity of victims of war and internal violence jected to a peer-review process; the final decision (US $411.00 in USA, Canada and Mexico) and to provide them with assistance. It directs and coor- Mykola M. Gnatovskyy on publication is taken by the Editor-in-Chief. for institutions; £30.00 (US $57.00 in USA, dinates the international relief activities conducted by Kyiv National Taras Shevchenko University, Ukraine The Review reserves the right to edit articles. 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Japanese prices Pontificia Universidad Católica del Perú, for institutions (including ASP delivery) Members of the Committee Lima, Peru President: Jakob Kellenberger Manuscript requirements are available from Kinokuniya Company Vice-President: Olivier Vodoz Marco Sassòli, Articles should be 5,000 to 10,000 words in Ltd, P.O. Box 55, Chitose, Tokyo 156, University of Geneva, Switzerland Permanent Vice-President: Christine Beerli length. Shorter contributions can be published Japan. Yuval Shany under the section Notes and comments. Christiane Augsburger Yves Sandoz Hebrew University, Jerusalem, Israel Cover photo: Mountains in the Valle del Paolo Bernasconi Rolf Soiron Hugo Slim For further information, please consult the Cauca region. FARC-EP (Revolutionary François Bugnion Bruno Staffelbach University of Oxford, UK Information for contributors and Guidelines for Armed Forces of Columbia) combatant. Bernard G. R. Daniel Daniel Thürer Gary D. Solis referencing on the website of the Review: © CICR/HEGER, Boris. Paola Ghillani André von Moos Georgetown University, Washington DC, www.icrc.org/eng/resources/international- Jürg Kesselring USA review. Claude Le Coultre Nandini Sundar Delhi University, New Delhi, India ©icrc Fiona Terry Authorization to reprint or republish any text Independent researcher on humanitarian published in the Review must be obtained action, Australia from the Editor-in-Chief. Requests should be Peter Walker addressed to the Editorial Team. Feinstein International Center, Tufts University, Boston, USA Volume 93 Number 882 June 2011 Humanitarian debate: Law, policy, action Understanding armed groups and the applicable law CONTENTS 261 Editorial by Vincent Bernard, Editor-in-Chief 269 New editorial board of the Review Understanding armed groups and the applicable law 279 Interview with Ali Ahmad Jalali Distinguished Professor at the National Defence University, Washington D.C. Articles Todays armed groups: structure, actions and strategic options 287 Armed groups and intra-state conflicts: the dawn of a new era? Arnaud Blin 311 Armed groups’ organizational structure and their strategic options Abdulkader H. Sinno 333 Economic dimensions of armed groups: profiling the financing, costs, and agendas and their implications for mediated engagements Achim Wennmann 353 Reasons why armed groups choose to respect international humanitarian law or not Olivier Bangerter 385 Photo gallery Armed groups and international law 395 International law: armed groups in a state-centric system Zakaria Daboné 258 Volume 93 Number 882 June 2011 Articles published by the Review reect the views of the author alone and not necessarily those of the ICRC or of the Review. Only texts bearing an ICRC signature may be ascribed to the institution. 425 Debate: Should the obligations of states and armed groups under international humanitarian law really be equal? Marco Sassòli and Yuval Shany 437 The move to substantive equality in international humanitarian law: a rejoinder