This dissertation examines various monitoring mechanisms within the International Humanitarian and Human Rights Law frameworks in order to draw lessons learned from their monitoring functions,... Show moreThis dissertation examines various monitoring mechanisms within the International Humanitarian and Human Rights Law frameworks in order to draw lessons learned from their monitoring functions, approaches and practices and assess whether they can be applied to a future compliance system under the four Geneva Conventions of 1949 and their Additional Protocols. The scope of the enquiry includes the existing compliance system of the Geneva Conventions, the compliance systems of other treaties within the International Humanitarian Law framework, the United Nations human rights monitoring system, and a number of mechanisms that supervise respect for humanitarian norms by States and/or armed non-State actors. The dissertation suggests that a future compliance system under the Geneva Conventions should include thematic reporting, a plenary forum for States Parties and an International Humanitarian Law Committee. The establishment of effective compliance mechanisms that are tailored to the specifics of International Humanitarian Law would support and advance the implementation of the Geneva Conventions by States Parties as well as strengthen the capacity to monitor their implementation from within the International Humanitarian Law framework. Show less
During armed conflict, non-State armed groups (NSAGs) deprive individuals of their liberty on a regular basis. Yet, examining these activities goes beyond their mere acknowledgment. This thesis... Show moreDuring armed conflict, non-State armed groups (NSAGs) deprive individuals of their liberty on a regular basis. Yet, examining these activities goes beyond their mere acknowledgment. This thesis explores the legal regulation of NSAGs’ detention activities in non-international armed conflicts (NIACs) from a functional perspective. It does so by concentrating on NSAGs’ practices in this field, presenting and testing the hypothesis that international humanitarian law (IHL) and, on certain occasions, international human rights law (IHRL) oblige these actors not to arbitrarily deprive individuals of their liberty. Furthermore, it argues that NSAGs must have a legal basis in order to undertake these activities. By relying on a “legal pluralistic” approach of international law, that basis is to be found in those “laws” and regulations established by the groups themselves. Other options are also possible, such as the adaption of the State’s domestic law or an agreement concluded with a third party. This proposal is grounded on the “functions” required by the aforementioned legal regimes to be respected, in particular for the parties (be they States or NSAGs) to adopt certain law-making or law-adapting functions with the goal of complying with some of the provisions contained therein. Show less
