Armed Groups and the DOD Manual: Shining a Light on Overlooked Issues

Forthcoming in Michael A. Newton (ed), The United States Department of Defense Law of War Manual: Commentary and Critique (Cambridge University Press 2018)

20 Pages Posted: 12 May 2019

See all articles by Katharine Fortin

Katharine Fortin

Utrecht University - School of Law

Date Written: April 12, 2018

Abstract

The purpose of this chapter is to examine how the Department of Defence (DoD) Law of War Manual addresses certain issues specific to armed groups operating in non-international armed conflicts. It examines four issues which have not been addressed elsewhere in this volume, which are specifically relevant to armed groups and/or their members and which have hitherto fallen under the radar in existing analysis of the Manual. Part I of the Chapter examines how the Manual understands armed groups to be addressees of international humanitarian law. Part II examines how the Manual addresses the principles of international humanitarian law, looking in particular at the Manual’s reliance on the concept of honor in non-international armed conflict. Part III assesses the approach that the Manual takes to the targetability of members of armed groups. Part IV examines the assertion that members of insurgent groups can be compelled to fight on behalf of a State.

Keywords: IHL, armed groups, honour, membership, targeting, forced recruitment

Suggested Citation

Fortin, Katharine, Armed Groups and the DOD Manual: Shining a Light on Overlooked Issues (April 12, 2018). Forthcoming in Michael A. Newton (ed), The United States Department of Defense Law of War Manual: Commentary and Critique (Cambridge University Press 2018), Available at SSRN: https://ssrn.com/abstract=3370921 or http://dx.doi.org/10.2139/ssrn.3370921

Katharine Fortin (Contact Author)

Utrecht University - School of Law ( email )

3508 TC Utrecht
Utrecht
Netherlands

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