Detention by Non-State Armed Groups in Non-International Armed Conflicts: International Humanitarian Law, International Human Rights Law and the Question of Right Authority
Bibliographic record
Abstract
This chapter brings attention to the quite divergent consequences of dealing with the issue of detention by non-State armed groups in non-international armed conflicts under international humanitarian law and international human rights law. The conventional approach to detention in international humanitarian law is that armed groups only have a de facto power, bound by humanitarian obligations. Under the laws of war, the question is partly tied to whether States themselves have the prerogative to detain under Common Article 3 to the 1949 Geneva Conventions and the 1977 Additional Protocol II, a question that is far from settled. Non-State armed groups raise the added problem that they may not be recognized, or be recognized only for the purposes of endorsing humanitarian obligations. If international humanitarian law does not apply to the authority to detain, then the question falls to be resolved by international human rights law. Under the latter, there must be a solid foundation to any deprivation of freedom, and the question cannot simply be one of treating captives humanely. This chapter will suggest that in both cases a theory of non-State actors’ ‘right authority’ is missing when it comes to detaining State troops. Historically, this issue has been obscured by the fact that the right authority has been equated with statehood, but the moment may have come to rediscover how one can identify non-State actors that could be considered privileged in the international legal system.
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How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.013 | 0.015 |
| Meta-epidemiology (narrow) | 0.001 | 0.000 |
| Meta-epidemiology (broad) | 0.001 | 0.001 |
| Bibliometrics | 0.001 | 0.002 |
| Science and technology studies | 0.008 | 0.051 |
| Scholarly communication | 0.012 | 0.019 |
| Open science | 0.003 | 0.008 |
| Research integrity | 0.012 | 0.014 |
| Insufficient payload (model declined to judge) | 0.004 | 0.001 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".