Reparations by Non-State Armed Groups under International Law: From Conflict to Repair in Colombia and Beyond (Transitional Justice)

Cover
Half Title
Series Page
Title Page
Copyright Page
Table of Contents
Acknowledgements
List of Abbreviations
Introduction
	I.1 Setting the scene
	I.2 Definition of the key concepts
		I.2.1 Non-state armed group
		I.2.2 Responsibility
		I.2.3 Reparation
	I.3 Scope of the book
	I.4 Design and structure of the book
PART 1: Duty ofnon-state armed groups to provide reparation under current international law
	1. Non-state armed groups as distinct entities under international law
		1.1 Introduction
		1.2 International legal personality of non-state actors
		1.3 International humanitarian law
			1.3.1 Situating the discussion
			1.3.2 The application of Common Article 3 and Additional Protocol II to non-state armed groups
			1.3.3 Theories on how international humanitarian law binds non-state armed groups
			1.3.4 The scope of the international legal personality of non-state armed groups
		1.4 International human rights law
			1.4.1 The application of human rights law beyond the state
			1.4.2 Non-state armed groups as duty bearers
			1.4.3 A context-dependent approach to the application of human rights law
		1.5 Conclusions
	2. Existing international law frameworks, approaches and building blocks forreparations bynon-state armed groups
		2.1 Introduction
		2.2 International responsibility of non-state armed groups and their duty to repair: a preliminary assessment
			2.2.1 Reparation for wrongful acts as a fundamental principle of international law
			2.2.2 International humanitarian law
			2.2.3 International human rights law
			2.2.4 International criminal law
			2.2.5 Contemporary responses to violations committed by non-state armed groups
			2.2.6 A responsibility gap in current international law regulating armed conflict
		2.3 Recognition that non-state armed groups should provide reparation
			2.3.1 Historical precedent in the laws of insurgency and belligerency
				2.3.1.1 The general legal frameworks of insurgency and belligerency
				2.3.1.2 Reparations by non-state armed groups in situations of belligerency and insurgency
			2.3.2 Contemporary evidence in domestic jurisdictions and state practice139
				2.3.2.1 United States of America
				2.3.2.2 Northern Ireland and Colombia
				2.3.2.3 Agreements concluded between states and non-state armed groups
			2.3.3 UN Basic Principles and Guidelines
			2.3.4 UN practice
			2.3.5 The practice of truth commissions
			2.3.6 International expert documents
		2.4 Conclusions
PART 2: Establishing a duty for non-state armedgroups to provide reparation
	3. Character of an international responsibility regime for non-state armed groups
		3.1 Introduction
		3.2 The law of state responsibility
			3.2.1 Non-state armed groups in the ILC Articles on the Responsibility of States for Internationally Wrongful Acts
				3.2.1.1 State responsibility in the case of government or state formation
			3.2.2 Taking the law of state responsibility as a baseline
		3.3 Individual criminal responsibility
			3.3.1 The criminal responsibility of group members and its limitations
			3.3.2 The collective criminal responsibility of non-state armed groups
				3.3.2.1 An appraisal
				3.3.2.2 An evaluation of the law and practice of international criminal courts and tribunals
		3.4 A proposal for a new
		regime of international responsibility for non-state armed groups
		3.5 Conclusions
	4. Operationalising a duty for non-state armed groups to provide reparation
		4.1 Introduction
		4.2 Feasibility of obtaining reparations from non-state armed groups
		4.3 Cascading regime of responsibility for reparation
		4.4 Conceptualising a duty of non-state armed groups to provide reparation
			4.4.1 Actor-specific approach
			4.4.2 Principle of full reparation
			4.4.3 Forms of reparations
				4.4.3.1 Restitution
				4.4.3.2 Compensation
				4.4.3.3 Rehabilitation
				4.4.3.4 Satisfaction
				4.4.3.5 Guarantees of non-repetition
		4.5 Reparations by non-state armed groups during and after armed conflict
			4.5.1 Engagement on reparations during and at the end of an armed conflict
			4.5.2 Post-conflict reparations
				4.5.2.1 Asset tracing and recovery for reparations purposes
				4.5.2.2 Representation order in civil proceedings
				4.5.2.3 Actors with representative authority
				Starting point
				Insights from official or public apologies
				Conclusions
		4.6 Conclusions
PART 3: Insights from the operationalisation of reparations by non- state armed groups in Colombia
	5. Reparations by the AUC under the Justice and Peace Law
		5.1 Introduction
		5.2 An overview of the Justice and Peace Law
		5.3 The
		of the Justice and Peace Law
		5.4 Scope of application
			5.4.1 Organised armed groups at the margins of the law
			5.4.2 The AUC under the Justice and Peace Law
			5.4.3 Concluding insights on non-state armed groups as responsible actors
		5.5 Monetary compensation
			5.5.1 The collective duty to hand over illegally obtained goods
			5.5.2 Ruling C-370/06: introducing a cascading responsibility scheme
				5.5.2.1 Solidarity civil responsibility of non-state armed groups
			5.5.3 Anonymous harm
			5.5.4 Fund for the Reparation of the Victims: order of affection
			5.5.5 Concluding insights for non-state armed groups under international law
				5.5.5.1 Operationalising the obligation to provide monetary compensation
				5.5.5.2 Rearranged cascading regime of responsibility for monetary compensation
				5.5.5.3 Special criminal proceedings as a forum for reparations
		5.6 Other forms of reparations
			5.6.1 Satisfaction
				5.6.1.1 Apology and recognition of responsibility
				5.6.1.2 The building of a monument
				5.6.1.3 The rebuilding of a health centre
			5.6.2 Guarantees of non-repetition
			5.6.3 Concluding insights on engagement in satisfaction and guarantees of non-repetition
		5.7 Conclusions
	6. Reparations by the FARC-EP under the Comprehensive System for Truth, Justice, Reparation and Non-Repetition
		6.1 Introduction
		6.2 Comprehensive transitional justice system with a reparations component
		6.3 Responsibility and reparation
			6.3.1 Recognition of the FARC-EP’s responsibility and duty to contribute to reparation
			6.3.2 Concluding insights on non-state armed groups’ international responsibility and their duty to repair
		6.4 Understanding the FARC-EP as a responsible actor
			6.4.1 During and before the end of the armed conflict
			6.4.2 Post armed conflict
				6.4.2.1 Political transformation of the FARC-EP
				6.4.2.2 Representative authority of the political party and former high-level commanders
				6.4.2.3 Nature of the successor entity’s responsibility
			6.4.3 Concluding insights on non-state armed groups as responsible actors
		6.5 Engagement of the FARC-EP in the comprehensive reparations measures for peacebuilding
			6.5.1 Introductory remarks
			6.5.2 Early acts of acknowledgement of collective responsibility
			6.5.3 Concrete actions of contribution to reparations
				6.5.3.1 General framework
				6.5.3.2 Humanitarian demining
				6.5.3.3 Search for the disappeared
				6.5.3.4 Some challenges
			6.5.4 Collective goods and assets for material reparations
			6.5.5 Concluding insights on non-state armed group’s engagement regarding reparations
		6.6 Conclusions
	Conclusion
		C.1 The duty of non-state armed groups to provide reparation at an incipient stage in international law
		C.2 A multifaceted proposal for operationalising a duty of non-state armed groups to provide reparation under international law
		C.3 Concluding insights from reparations by non-state armed groups in Colombia
		C.4 Final remarks
Annex 1: List of Interviews
Index