en
Book chapter
English

Proscription and group membership in counterterrorism and armed conflict : areas of tensions between criminal law and international humanitarian law

Published inArmed Groups and International Law : In The Shadowland of Legality And Illegality, Editors Fortin, Katharine ; Heffes, Ezequiel
PublisherNorthampton : Edward Elgar Publishing
Publication date2023-09
Abstract

The concept of ‘membership’ plays a key role in the contemporary practice of international humanitarian law (IHL) and counterterrorism law. Membership in a non-State armed group (NSAG), reflected in the function assumed by an individual within that entity, is considered to be a decisive criterion for the purpose of targeting under IHL. Membership in a proscribed/terrorist organisation is widely criminalised at the national level. In situations of armed conflict, both notions often apply to the same conduct, one that criminal law seeks to prevent and punish, and that IHL of non-international armed conflicts (NIACs) neither permits nor prohibits. This chapter discusses the notions of ‘membership’ in national proscription regimes and under IHL of NIACs, and addresses the possible and real areas of tensions that such regulatory overlap creates. It finds that many such tensions do not result from proper conflicts between norms but rather from diverging interests that are at times difficult – but not necessarily impossible – to reconcile.

eng
Keywords
  • Proscription
  • Membership (offences)
  • Non-State armed groups
  • Counterterrorism
  • International humanitarian law
Citation (ISO format)
SOBOL, Ilya, GAGGIOLI GASTEYGER, Gloria. Proscription and group membership in counterterrorism and armed conflict : areas of tensions between criminal law and international humanitarian law. In: Armed Groups and International Law : In The Shadowland of Legality And Illegality. Northampton : Edward Elgar Publishing, 2023.
Main files (1)
Book chapter (Accepted version)
accessLevelPrivate
Identifiers
  • PID : unige:166845
ISBN978-1-80088-833-3
129views
1downloads

Technical informations

Creation02/10/2023 3:03:00 PM
First validation02/10/2023 3:03:00 PM
Update time03/16/2023 10:37:46 AM
Status update03/16/2023 10:37:45 AM
Last indexation08/31/2023 10:37:06 AM
All rights reserved by Archive ouverte UNIGE and the University of GenevaunigeBlack