İnsan Hakları Hukuku, İnsancıl Hukuk ve Devlet Dışı Silahlı Aktörlerin Uluslararası Sorumluluğu / Human Rights Law, Humanitarian Law and International Responsibility of Armed Non-State Actors

Türkçe

States are still the fundamental entities of theinternational law system. As a result of the rise of non-international armedconflicts, however, armed non-state actors have started to play an increasingrole within the international system and they seriously violate theinternational humanitarian law and the international human rights law, to whichthey should be subject and respect for the protection of civilians.Nevertheless, the questions of why these norms should be binding for armednon-state actors and what the legal basis for this are highly disputed in theinternational law since they are not a party to the norms of human rights andhumanitarian law. Although armed non-state actors are one of the mostimportant subjects within the sphere of international humanitarian law, theissue of responsibility for their violations of international humanitarian lawhas not been adequately regulated within the international law. The directresponsibility of armed non-state actors has gained importance due to theirrecent evolution. However, this recommended model of direct responsibility hasa series of dilemmas from political and legal aspects of the subject. Hence,direct responsibility model continues to remain as one of the grey areas of theinternational law.