Addressing Armed Opposition Groups Through Security Council Resolutions: A New Paradigm?

Max Planck Yearbook of United Nations Law, Volume 18, 2014, pp. 32-67

40 Pages Posted: 24 Jun 2015

See all articles by Ezequiel Heffes

Ezequiel Heffes

Independent

Marcos Kotlik

University of Buenos Aires (UBA) - Faculty of Law

Brian Frenkel

University of Buenos Aires (UBA) - Faculty of Law

Date Written: 2014

Abstract

In the last few decades, the UN Security Council has increasingly implemented enforcement measures in the context of many non-international armed conflicts. Both in those cases and in international conflicts, certain resolutions explicitly impose rights and obligations upon all the parties, without making a legal distinction between States and non-state actors, including armed opposition groups.

This paper aims to explain some consequences of the approach adopted by the Security Council. Mainly, two issues are dealt with: a) how does the Security Council address armed opposition groups and to what extent its resolutions impose rights and obligations upon them; b) if these non-state actors are in fact bound by those resolutions and why. In order to achieve an explanation that grasps the complexity of these issues, the article adopts a systemic approach, which includes the application of the principle of equality of belligerents to Security Council resolutions.

Keywords: United Nations Security Council, Armed Opposition Groups, Equality of Belligerents, Non–International Armed Conflicts, Sources of International Law, International Humanitarian Law

JEL Classification: K19, K30, K33, K42

Suggested Citation

Heffes, Ezequiel and Kotlik, Marcos and Frenkel, Brian, Addressing Armed Opposition Groups Through Security Council Resolutions: A New Paradigm? (2014). Max Planck Yearbook of United Nations Law, Volume 18, 2014, pp. 32-67 , Available at SSRN: https://ssrn.com/abstract=2619823

Ezequiel Heffes

Independent ( email )

Marcos Kotlik (Contact Author)

University of Buenos Aires (UBA) - Faculty of Law ( email )

Av. Figueroa Alcorta 2263
C1425CKB
Argentina

Brian Frenkel

University of Buenos Aires (UBA) - Faculty of Law ( email )

Av. Figueroa Alcorta 2263
C1425CKB
Argentina

Do you have a job opening that you would like to promote on SSRN?

Paper statistics

Downloads
121
Abstract Views
473
rank
314,761
PlumX Metrics