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35 - The Right to Life and the Responsibility of Non-State Armed Groups

from Part IV - Accountability

Published online by Cambridge University Press:  02 September 2021

Stuart Casey-Maslen
Affiliation:
University of Pretoria
Christof Heyns
Affiliation:
University of Pretoria
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Summary

There is increasing acceptance that both prescriptive jurisdiction and the application of customary law can serve to bind entities other than States or international organisations. A third approach is to consider de facto authorities – those that do not represent a recognised State but which exercise effective control over a significant populace – as having some of the human rights obligations incumbent on States. At the least, armed groups are bound by jus cogens human rights norms, including the prohibition on arbitrary deprivation of life and on enforced disappearance.

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The Right to Life under International Law
An Interpretative Manual
, pp. 659 - 671
Publisher: Cambridge University Press
Print publication year: 2021

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