Exploring Criteria & Conditions for Engaging Armed Non-State Actors to Respect Humanitarian Law & Human Rights Law Conference Report - Geneva, 4-5 June 2007 [Published, November 2008] Note The views expressed herein are the authors’ responsibility. They do not necessarily reflect the views or opinions of Geneva Call, the Program for the Study of International Organization(s), or the United Nations Institute for Disarmament Research. The designations employed and the presentation of the material in this publication do not imply the expression of an opinion on the part of Geneva Call, the Program for the Study of International Organization(s), or the United Nations Institute for Disarmament Research concerning the legal status of any country, armed non-State actor, territory, city or area, or of its authorities, or concerning the delimitation of its frontiers or boundaries. Geneva Call is an international humanitarian organization dedicated to engaging armed non- State actors (NSAs)—armed groups and non-internationally recognized States—towards compliance with humanitarian norms. It was officially launched in 2000 by members of the International Campaign to Ban Landmines (ICBL). Since its creation, Geneva Call has focused on advocating the ban on anti-personnel mines to NSAs. It has been promoting an inclusive approach through the Deed of Commitment for Adherence to a Total Ban on Anti- Personnel Mines and for Cooperation on Mine Action (hereafter Deed of Commitment) which enables NSAs, that by definition cannot accede to the 1997 Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction (hereafter the Mine Ban Treaty), to subscribe to its norms. Geneva Call’s work does not end with the signature of the Deed of Commitment; the organization is committed to supporting and monitoring its implementation. In 2008, building on previous work, Geneva Call plans to develop specific programmes on children and NSAs, as well as issues relating to gender including the prevalence of gender-based violence within and by NSAs. Geneva Call’s web site can be found at www.genevacall.org. The Program for the Study of International Organization(s) (PSIO) of the Graduate Institute of International Studies, Geneva (now Centre for International Governance (CIG)) is a research, analysis, and training programme to further the study and implementation of international organizations. It seeks to serve as a forum between academics and policy makers and aims to stimulate dialogue between the two. The PSIO has often been commissioned by international organizations and the Swiss federal authorities to prepare and coordinate projects outside Switzerland. Its main activities are in the following areas: - research projects involving policy makers in international organizations and members of the Graduate Institute of International and Development Studies (GIIDS) faculty; - supervision of research by visiting fellows and scholars; - forum for outside experts in international organizations; - organization of major conferences and colloquia; - publication and dissemination of the results of research, workshops, and conferences. - training of government officials. The PSIO web site can be found at http://graduateinstitute.ch/corporate/research/current- programmes/psio_en.html. The United Nations Institute for Disarmament Research (UNIDIR), an intergovernmental organization within the United Nations, conducts research on disarmament and security. UNIDIR is based in Geneva, Switzerland, the centre for bilateral and multilateral disarmament and non-proliferation negotiation, and home of the Conference on Disarmament. The Institute explores current issues pertaining to the variety of existing and future armaments, as well as global diplomacy and local tensions and conflicts. Working with researchers, diplomats, government officials, NGOs, and other institutions since 1980, UNIDIR acts as a bridge between the research community and governments. UNIDIR’s activities are funded by contributions from governments and donor foundations. The Institute’s web site can be found at www.unidir.org. Table of Contents List of Abbreviations Foreword by Dr Patricia Lewis . 1 About the Authors . 2 Acknowledgements . 5 Introduction by Jean-Damascène Gasanabo and Elisabeth Decrey Warner . 6 Keynote Address: Marco Sassòli: Engaging Non-State Actors: The New Frontier for International Humanitarian Law . 8 Chapter 1: Selecting which Armed Non-State Actors to Engage . 13 1. Michael Miklaucic: Exploring Non-Violent Options for Engaging Violent Armed Non-State Actors . 14 Chapter 2: Reasons to Engage Armed Non-State Actors . 23 1. Julian Hottinger: The Engagement to Respect Humanitarian Law and Human Rights: A Prerequisite for Peace Negotiations, or a “Future” Component Within Peace Negotiations? . 24 2. Jörn Grävingholt: Engaging Armed Groups in Development Cooperation . 35 Chapter 3: Timing of Engagement . 49 1. Monyluak Kuol: Exploring Criteria and Conditions for Engaging Armed Non-State Actors to Respect Humanitarian Law and Human Rights Law: The Sudan Experience . 50 2. Mark Knight: A Continuous Engagement: An Evolving Role Post-Peace Settlement . 60 Chapter 4: Methods of Engaging Armed Non-State Actors . 73 1. Olivier Bangerter: The ICRC and Non-State Armed Groups . 74 2. David Capie: Influencing Armed Groups: Are there Lessons to Be Drawn from Socialization Literature? . 86 Chapter 5: Fields of Engagement . 97 1. Greta Zeender: Protecting the Internally Displaced: An Opportunity for International NGOs to Engage NSAs . 98 2. Pascal Bongard: Engaging Armed Non-State Actors on Humanitarian Norms: The Experience of Geneva Call and the Landmine Ban . 108 Conclusion by Dr Daniel Warner . 125 Abbreviations ALNAP Active Learning Network for Accountability and Performance in Humanitarian Action AP Mine Anti-Personnel Mine AU African Union CAFF Children Associated with Fighting Forces CAR Central African Republic CIG Centre for International Governance CNDD-FDD Conseil National pour la Défense de la Démocratie - Forces de Défense de la Démocratie (National Council for the Defense of Democracy/Defence Forces of Democracy) CNF/CNA Chin National Front/Army CRC Convention on the Rights of the Child DAC Development Assistance Committee DDR Disarmament, Demobilization and Reintegration DRC Democratic Republic of Congo DRP Demobilisation and Reintegration Programme ECP Escola de Cultura de Pau ELN Ejército de Liberación Nacional (National Liberation Army) EU European Union FARC Fuerzas Armadas Revolucionarias de Colombia (Revolutionary Armed Forces of Colombia) GAM Gerakan Aceh Merdeka (Free Aceh Movement) GIIDS Graduate Institute of International and Development Studies ICBL International Campaign to Ban Landmines ICC International Criminal Court ICRC International Committee of the Red Cross IDDRS United Nations Integrated Disarmament, Demobilization and Reintegration Standards IDMC Internal Displacement Monitoring Centre IDP Internally Displaced People IED Improvised Explosive Devices IGAD Intergovernmental Authority on Development IHL International Humanitarian Law IR International Relations JEM Justice and Equality Movement Kongra Gel-HPG Kongra-Gelê Kurdistan-Hezên Parestena Gel (Kurdistan People’s Congress - People’s Defence Forces) LRA Lord’s Resistance Army LSE London School of Economics and Political Science LTTE Liberation Tigers of Tamil Eelam MBT Mine Ban Treaty MFDC Movement of the Democratic Forces of Casamance MILF Moro Islamic Liberation Front MRE Mine Risk Education NATO North Atlantic Treaty Organization NCDDR National Commission for DDR NDA National Democratic Alliance NGO Non-Governmental Organization NRC Norwegian Refugee Council NSA Armed Non-State Actor OCHA United Nations Office for the Coordination of Humanitarian Affairs OECD Organization for Economic Co-operation and Development PILPG Public International Law and Policy Group PKK Partiya Karkerên Kurdistan (Kurdistan Workers’ Party) PSIO Program for the Study of International Organization(s) RUF Revolutionary United Front SCHR Steering Committee for Humanitarian Response SIPRI Stockholm International Peace Research Institute SLM Sudan Liberation Movement SPLM/SPLA Sudan People Liberation Movement/Sudan People Liberation Army UN United Nations UNDP United Nations Development Programme UNHCR United Nations High Commissioner for Refugees UNICEF United Nations International Children’s Emergency Fund UNIDIR United Nations Institute for Disarmament Research UNMAS United Nations Mine Action Service UNMEE United Nations Mission in Ethiopia and Eritrea UNSC United Nations Security Council USAID United States Agency for International Development Foreword By Dr Patricia Lewis More than 157 countries have signed the Convention on the Prohibition of the Use, Stockpiling, Production and Transfer of Anti-Personnel Mines and on Their Destruction, also known as the Mine Ban Treaty, since its adoption in 1997. While the majority of States embraced the norms created by the Mine Ban Treaty, it became urgent and essential to address the challenges posed by non-State armed groups that continued producing and using anti-personnel mines. Complementary solutions were needed to bring these groups into the mine ban initiative, since they were not part of the Mine Ban Treaty discussions and may not recognize or be aware of its obligations. Civil society played and continues to play a key role in promoting and universalizing the mine ban norm, including among non-State armed groups.