Document Type : Research Paper

Authors

• maryam hosseinabadi ¹
• Seyed Qasem zamani ²

¹ Ph.D. Student of International Law at, Faculty of Law and Political Science of, Allameh Tabataba'i University

² Faculty of Law and Political Science, Allameh Tabataba'i University

Abstract

The presence of Non State Armed Groups (NSAGs) in non-international armed conflicts has become a threat to the international peace and security in the last few decades. In this regard, shedding light on the matter of the aforementioned entities' adherence to the rules and regulations of international humanitarian law, as a branch of international law regulating armed conflicts, as well as its necessity through examining theoretical foundations proposed in this field of study is of great significance, since the effect of their adherence to the provisions of this field of law as primary rules, is, in turn, reflected in applying secondary rules. On the basis of analogical method and through examining international sources and doctrine, this article aims to shed light on the theories concerning non state armed groups` adherence to the rules of international humanitarian law and its effect on secondary rules with emphasis on the non- international along with internationalized armed conflict in Yemen. It is finally concluded the theory of binding force of IHL on NSAGs due to the exercise of de facto governmental functions may explain the aforementioned entities' commitments to rules in question more clearly.

Keywords

• Non state armed groups
• International humanitarian law
• International obligations
• Secondary rules
• Non International Armed Conflict in Yemen

Main Subjects

• International Law