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| Colombia - Combatants are taught about international humanitarian law. (ICRC/Boris Heger. Ref.
CO-D-00083) |
The recent prevalence of civil wars has drawn increasing attention to the potential role of armed groups,
which are party to the conflict, in protecting civilian populations. In most intra-state conflicts, armed groups
gain control over part of a country's territory and the population living therein. Again and again, however,
they misuse their power by attacking
defenseless civilians in blatant disregard of international humanitarian law. The prohibition of targeting civilians and of conducting indiscriminate attacks on civilians, enshrined in customary international humanitarian law,
is not only binding on states and their Governments but equally and directly so on armed groups that are party to the conflict
(as expressly stated in common Article 3 of the Geneva
Conventions). Both the practice of the two Ad Hoc Tribunals
for Rwanda and the former Yugoslavia and the
Statute of the International Criminal Court
have underlined the principle of direct responsibility of armed groups for violations of international humanitarian law.
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It is important that aid agencies, reaffirm the fundamental principles of international humanitarian and human rights law in their codes of conduct and in any agreements they conclude with actors on the
ground
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Experience has shown, however, that many armed groups deliberately operate outside the recognized normative and ethical framework in furtherance of their objectives. In order both to promote respect for international humanitarian and human rights law in these situations and to facilitate the necessary provision of humanitarian assistance and protection to vulnerable populations, it is indispensable to engage these groups in a structured dialogue. In this respect, the growing tendency of the Security Council to address "all parties to armed conflicts"
(see resolution 1261
(1999))
is encouraging. It is important that aid agencies reaffirm the fundamental principles of international humanitarian and human rights law in their codes of conduct and in any agreements they conclude with actors on the ground. Contacts with armed groups should be neutral and without affect on their legitimacy or the legitimacy of their claims.
In this respect, the Secretary-General has requested the Inter-Agency Standing Committee to organize a working group develop a manual of best practices for engagement with armed groups. The manual should provide a clearer and common understanding of the structure and mode of operation of these groups, their specific demands and constraints, and give guidance on how to promote a better understanding of the principles and operational requirements of humanitarian activities in such circumstances.
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