Responsible Rebels: Exploring Correlations Between Compliance and Reparations in Non-International Armed Conflicts

Abstract

AbstractThis article aims at challenging certain conceptions related to the activities of non-State armed groups (NSAGs) in armed conflict. Contrary to the conventional thinking that all NSAGs are violent and disrespectful of international law, not only are some of them are aware of the applicable rules, they have even adopted measures to respect, implement and enforce the obligations contained therein, thus willingly restricting their own behaviours and prerogatives. In the context of these practices—and despite the lack of a clear legal framework addressing their international responsibility as collective entities, NSAGs have also dealt with violations of international law by their own members in various ways: some groups have publicly committed to provide compensation, while others have issued public apologies and modified their internal codes of conduct to prohibit the commission of certain acts by their members. NSAGs have also signed Geneva Call’s Deeds of Commitment, through which they pledge to prevent the violation of specific norms. Based on these responses, this article’s goal is to explore certain correlations that may exist between NSAGs’ degree of compliance with international humanitarian law and the manner in which they have reacted to possible breaches of this normative framework. In doing so, it examines the reasons why NSAGs may have a different attitude when responding to international law violations and concludes by proposing some causal factors that may serve to explain the adoption of restorative measures.