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Can a non-state actor be held accountable under international humanitarian law?

Posted by jobseeker Krish Chandna | Approved
Answers (2)

Yes, a non-state actor can be held accountable under international humanitarian law (IHL). IHL, particularly through Common Article 3 of the Geneva Conventions and Additional Protocol II, applies not only to conflicts between states but also to non-international armed conflicts involving non-state armed groups. These actors, including rebel groups, militias, and other organized armed entities, are obligated to follow the rules of IHL, such as the prohibition of targeting civilians, ensuring humane treatment of detainees, and refraining from using prohibited weapons.

While enforcement is challenging due to issues of jurisdiction and political will, non-state actors can be held accountable through international tribunals, domestic courts, or hybrid courts, especially if their actions amount to war crimes or crimes against humanity.

Answered by jobseeker Vipra | Approved

Yes, non-state actors can be held accountable under international humanitarian law (IHL) especially in the context of non-international armed conflicts. Common Article 3 of the Geneva Conventions and Additional Protocol II impose obligations on all parties to a conflict, including armed groups that are not official state forces. Non-state actors are required to respect rules such as protecting civilians and prohibiting torture or targeting non-combatants. While IHL does not provide direct enforcement mechanisms, individuals within these groups can be prosecuted for war crimes by national courts or international tribunals, such as the International Criminal Court (ICC)

Answered by jobseeker kashvi | Approved

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