Abstrakt
Modern armed conflicts are characterised by numerous interactions between armed opposition groups and other actors (states, international organisations, other non-state actors etc.). Some of these interactions result in harmful outcomes that cannot be easily attributed to a single actor.
Issues of shared responsibility thus arise. Such issues have so far been largely ignored in international law.
This article argues that the legal regime of shared responsibility applicable to armed opposition groups could be construed in two ways. On the one hand, it would be possible to extend to armed opposition groups rules of (shared) responsibility for internationally wrongful acts which apply to states.
On the other hand, the legal regime could be based on liability (strict responsibility), or on standard-setting. The article shows that all these options have certain limitations stemming from the specific features of armed opposition groups (limited legitimacy, internal diversity, and temporary existence) and suggests combining their elements. (C) 2015 T.M.C.
Asser Press.