Organized armed groups in the International Humanitarian Law

• Main Author: Valeria Monserrath Sánchez Morales
• Format: Article
• Language: Spanish
• Published: Pontificia Universidad Católica del Ecuador 2020-08-01
• Series: Revista Facultad de Jurisprudencia
• Subjects: humanitarian law; military forces; armed conflicts; treaties.
• Online Access: http://www.revistarfjpuce.edu.ec/index.php/rfj/article/view/245

States comply with international treaties because they have negotiated, signed and ratified them; however, organized armed groups are not part of these processes and still have the obligation to comply with the basic rules of war. This document maintains that International Humanitarian Law must be respected by all those involved in a conflict; furthermore, it provides arguments for organized armed groups to commit to a norm that they have not directly accepted. International Humanitarian Law as a norm erga omnes shows a specific character and application, therefore it applies to all citizens, it is a customary norm by which it obliges all individuals to respect the norm. Finally, an armed group regroups the citizens of a country, so they must respect the rules established for the State.