Journal Article

Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal law

Rogier Bartels and Katharine Fortin

in Journal of Conflict and Security Law

Volume 21, issue 1, pages 29-48
Published in print April 2016 | ISSN: 1467-7954
Published online November 2015 | e-ISSN: 1467-7962 | DOI: https://dx.doi.org/10.1093/jcsl/krv018
Law, Justice and a Potential Security Gap: The ‘Organization’ Requirement in International Humanitarian Law and International Criminal law

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This article explores the ‘organizational’ or ‘organization’ criterion for both non-international armed conflict under international humanitarian law (IHL) and crimes against humanity under international criminal law (ICL) and considers how it affects the ability to address armed violence carried out by armed non-State actors. It considers whether armed groups operating under a non-conventional structure, or outside the IHL framework, fall outside the reach of ICL, thereby constituting a potential security gap. It concludes that it is important to ensure that the organization requirements under IHL and ICL remain distinct to ensure that in situations outside a non-international armed conflict, the law allows for both sides to be prosecuted.

Journal Article.  9473 words. 

Subjects: Military and Defence Law ; Police and Security Services ; Terrorism and National Security Law ; Use of Force, War, Peace and Neutrality

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