The Rebel with the Magnifying Glass: Armed Non-State Actors, the Right to Life and the Requirement to Investigate in Armed Conflict

Abstract

Seventy years on from the promulgation of the 1949 Geneva Conven- tions, the protection of the right to life remains a central theme in the context of armed conflict. Particularly, CommonArticle 3 of the Conventions has been a pivotal gateway into the regulation of the conduct of armed non-State actors during military operations. Furthermore, the increasing prosecutions oftheirmembers forwar crimes has prompted the requirement for them to review their own behaviour, especially with regard to alleged unlawful killings during military operations. This chapter, therefore, analyses the scope of the legal obligations of armed non-State actors with regard to the protection of the right to life in armed conflict, and it explores the existence and application of an obligation for these actors to investigate credible allegations of the unlawful loss of life, arising from their military conduct during non-international armed conflicts. As armed non-State actors can be considered to bear obligations under both international humanitarian law and human rights law, the chapter explores whether there exists an obligation to investigate under the interna- tional humanitarian law framework, as well as the impact of the international human rights law framework on the possible investigative obligation of armed non-State actors.