Briefing papersDecember 2020Ezequiel Heffes and Jonathan SomerA delegation of the government of the Democratic Republic of Congo negotiate with Ituri militia groups. Photo: UN Photo/Martine PerretKey messagesMillions around the globe are affected by the actions of non-state armed groups (NSAGs). Like states, NSAGs are bound by international humanitarian law (IHL) and are addressed by other non-binding normative standards aimed at mitigating the harmful effects of armed conflict. Although a consensus is emerging on the importance of engaging NSAGs on these rules, they have not been included as participants in the processes that lead to rule development.NSAGs' participation in such normative processes is important for two main reasons, despite concerns of ‘legitimisation’. First, a self-regulatory compliance system such as IHL can only be fit for purpose if it is based on an understanding of the perspectives of the actors it regulates and the realities they face. Second, decades of experience and some evidence underscore that a sense of ownership of norms can be an important factor in securing NSAGs’ compliance.This Brief proposes a strategic model aimed at the progressive inclusion of NSAGs in humanitarian norm development processes. At the very least, processes should consult NSAGs. Outcome documents, where appropriate, should not just address ‘states’, but ‘parties to the conflict’ (or similar) so that they can be endorsed by NSAGs. The model addresses potential sources of state opposition or apprehension and encourages the international community to find new ways of approaching these tensions and dilemmas.Correspondence about this article should be addressed to Ashley Jackson ([email protected]), Co-Director of the Centre for the Study of Armed Groups.Read the research Inviting non-state armed groups to the table: inclusive strategies towards a more fit for purpose international humanitarian lawDocumentpdfRelated Rebel rule of law: Taliban courts in the west and north-west of AfghanistanTracing the evolution of the post-2001 Taliban justice system and its implications for future Afghan peace talks.Briefing papers11 May 2020 Twenty years of protection of civilians at the UN Security CouncilExploring the current state of the protection of civilians in armed conflict agenda and proposing steps to help close the gap between law and action.Briefing papers21 May 2019The legitimacy of states and armed non-state actorsExploring the meaning of legitimacy in relation to state and armed non-state actors, this paper examines the dominant meanings of legitimacy used in development and analyses how these have emerged.Working and discussion papers1 November 2015See more:civilian security and protectioninternational humanitarian lawconflict and violencefragile stateshuman rightshumanitarian policysecurityGlobal
