Lawmaking by Nonstate Actors: Engaging Armed Groups in the Creation of International Humanitarian Law

Anthea Roberts, Sandesh Sivakumaran

    Research output: Contribution to journalArticle

    Abstract

    International law is no longer conceived of as regulating the rights and obligations of states alone, yet any suggestion that nonstate actors could or should play a role in the creation of international law remains highly controversial. States jealously guard their lawmaking powers as a key attribute of statehood, making them generally resistant to the idea of sharing such powers with any nonstate actors. States are particularly hostile to the possibility of granting nonstate armed groups a lawmaking role, given states' perceptions of the illegitimacy of and threat posed by such actors. Nonetheless, we argue that it is time to reconsider whether it is possible and desirable for nonstate actors to play a role in the making of international law. In particular, we set out the case for granting nonstate armed groups a limited role in the creation of international humanitarian law.
    Original languageEnglish
    Pages (from-to)107-152
    JournalYale Journal of International Law
    Volume37
    Issue number1
    Publication statusPublished - 2012

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