Detention by Armed Groups Under International Law

93 International Law Studies (2017) 1-44

45 Pages Posted: 3 Mar 2017 Last revised: 15 Mar 2017

See all articles by Andrew Clapham

Andrew Clapham

Graduate Institute of International and Development Studies

Date Written: February 28, 2017

Abstract

Does international law entitle armed groups to detain people? And what obligations are imposed on such non-state actors when they do detain? This article sets out suggested obligations for armed groups related to the right to challenge the basis for any detention and considers some related issues of fair trial and punishment. The last part of this article briefly considers the legal framework governing state responsibility and individual criminal responsibility for those that assist armed groups that detain people in ways that violate international law.

Suggested Citation

Clapham, Andrew, Detention by Armed Groups Under International Law (February 28, 2017). 93 International Law Studies (2017) 1-44 , Available at SSRN: https://ssrn.com/abstract=2926502 or http://dx.doi.org/10.2139/ssrn.2926502

Andrew Clapham (Contact Author)

Graduate Institute of International and Development Studies ( email )

PO Box 136
Geneva, CH-1211
Switzerland

Here is the Coronavirus
related research on SSRN

Paper statistics

Downloads
126
Abstract Views
603
rank
257,220
PlumX Metrics