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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4. Suggested Analysis and
Wording for Resolutions on
ANSAs and Human Rights
As an intergovernmental body the practice of the HRC reflects to some extent
‘state practice’, and as such may also influence the formation of customary
international law. 93 In that perspective, HRC resolutions should not only be
founded on international law but should be as clear and systematic as possible.
Because the term ‘abuse’ does not have any legal content, and is therefore vague
and misleading, this In-Brief does not recommend making a distinction between
‘abuses’ and ‘violations’ when assessing or denouncing the human rights conduct
of ANSAs.
The HRC should not distinguish ‘abuses’ from ‘violations’ when it addresses
the human rights conduct of ANSAs in its resolutions. At a minimum, the term
‘violations’ should be used when:
1. The ANSA is a de facto authority or controls territory and a population over
an extended period of time.
2. The ANSA violates norms than amount to an international crime or can be
considered to violate jus cogens.
A two step analysis, which should not necessarily be taken in a precise order,
is suggested when addressing ANSAs in a specific resolution. The proposed
analysis and wording, which will necessarily be a simplification of the issues at
stake, should be understood as a framework for discussion and can, as such, be
questioned. It is aimed at stimulating thoughts and ideas on this important matter,
rather than closing the debate.
93 Article 38 (b) of the Statute of the International Court of Justice defines ‘international custom’ as ‘general
practice accepted as law’.