InBrief7_web

Human Rights Obligations of Armed Non-State Actors:
An Exploration of the Practice of the UN Human Rights Council
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3. Conclusions and
Recommendations
There is room for discussion as to how and to what extent ANSAs are bound
by human rights law, but it is clear that the international community increasingly
holds ANSAs accountable for human rights violations, despite legal uncertainties.
Several reasons explain this trend. Certain human rights obligations that apply to
situations of armed conflict are also protected by IHL, including the prohibitions
of torture, inhuman and degrading treatment, murder, and sexual violence and
slavery. To an extent, therefore, the application of IHL to ANSAs in situations
of armed conflict protects civilian populations as well as people who are hors
de combat. However, most contemporary armed conflicts persist for years or
even decades. IHL was not meant to regulate the everyday life of people living
in areas under the control of ANSAs over such an extended period. In many
countries, civilians living in ANSA-controlled areas strive to lead ‘normal’ lives,
despite conditions of extreme violence. In addition, IHL is applicable to ANSAs
only in situations that are legally defined as armed conflicts, and human rights are
threatened by ANSAs in many other contexts. The state remains responsible for
ensuring that the human rights of populations under its jurisdiction are protected,
but in some instances it is not able to access ANSA-controlled areas or cannot
prevent or punish ANSA violations, notably where its institutions are failing. In
all such contexts, the Human Rights Council, many UN special procedures,
COIs, and other UN bodies have felt called by their mandates to address the
responsibility of ANSAs for human rights violations.
Recognizing that ANSAs have human rights obligations has important operational
and policy consequences. First, it may increase the legitimacy of ANSAs at
international level, which may be politically sensitive for states and international
organizations. One should note, at the same time, that a body bound by
international norms does not automatically incur a particular legal status. This is
made clear by Common Article 3 of the 1949 Geneva Conventions. 81 Second, if
ANSAs are required to respect and implement human rights norms, they might
81 Common Article 3, §2, of the Geneva Conventions states: ‘An impartial humanitarian body, such as the
International Committee of the Red Cross, may offer its services to the Parties to the conflict. The Parties to
the conflict should further endeavour to bring into force, by means of special agreements, all or part of the
other provisions of the present Convention. The application of the preceding provisions shall not affect the
legal status of the Parties to the conflict.’ (Emphasis added.)