From Words to Deeds: Providing Tools for an Effective Engagement of Armed Non-State Actors to Improve Humanitarian Protection

Lead Research Organisation: University of Geneva
Department Name: Humanitarian Law and Human Rights

Abstract

The project will examine the practice and interpretations of armed non-State actors with respect to the law of armed conflict and international human rights law. Through a comparative analysis of selected norms, it aims at generating a better understanding of their perspectives, inform humanitarian protection strategies and provide practical tools for humanitarian actors to enhance their engagement with armed non-State actors.

While field research will be conducted in nine specific contexts (Afghanistan, Democratic Republic of the Congo, Lebanon, Mali, Myanmar, Occupied Palestinian Territories, the Philippines, Syria and Yemen), the findings of the project will have broader significance since many conflicts in the world involve armed non-State actors.

In addition to a comprehensive comparative thematic analysis, a number of case studies, as well as practical guidelines for the humanitarian engagement of armed non-State actors will be published. These outputs will be distinctively relevant for: (i) humanitarian protection actors, including the partnering and supporting organisations (Geneva Call, the Norwegian Refugee Council and Diakonia); (ii) other actors that operate in conflict settings such as aid agencies; (iii) as well as academics, policy-makers and donors.

Planned Impact

In addition to academic impact aimed at scholarly audiences, the project aims to benefit the following users:

1) The humanitarian sector is a primary user of this project. This refers to: (i) the project partners, Geneva Call and the Norwegian Refugee Council; (ii) other key humanitarian protection organizations, including the project supporter, the Diakonia Global International Humanitarian Law Centre (iii) other aid agencies and organisations that operate in conflict settings; (iv) policy-makers, donors and State's representatives with portfolios covering humanitarian affairs.

The project takes as its starting point the necessity articulated by the humanitarian sector to understand the practice of armed non-State actors in times of armed conflict. In this regard, it seeks to increase the sector's knowledge, capacity and understanding of the ways armed non-State actors behave, and the ways that it might most effectively engage with these armed entities. It shall achieve this through targeted publications (case studies, comparative thematic study of armed non-State actors' practice and interpretations); the drafting and piloting of the Guidelines for the Effective Humanitarian Engagement of Armed Non-State Actors and a related article published in a practitioners' journal; a series of planned events which bring together armed non-State actors, humanitarian practitioners and scholars; and by establishing a network of practitioners and experts to further engage in peer-exchange and outreach, maximising the impact of the research.

2) Armed non-State actors in the case study countries are also a main user group. The project seeks to increase their knowledge and understanding of international humanitarian norms, foster their ownership of these norms and capacity to apply these norms in the conflicts they are parties to. The project methodology is conceived towards the participation of armed non-State actors in the research as object of analysis. For example, they will participate in the international conference to take place in Geneva.

3) Communities and individuals affected by armed conflict are the main beneficiaries of this project in the long-term. By supporting and increasing the capacity of the humanitarian sector to engage with armed non-State actors on humanitarian norms, the project seeks to strengthen the compliance with international humanitarian law and international human rights law by these armed entities. This, in turn, should result in better protection for communities and individuals affected in conflict settings.
 
Description The award was granted to study the position and undesrtanding armed non-state actors (ANSAs) involved in contemporary conflicts have about key humanitarian norms. Our key findinds are:
• Across their diversity (in terms of motivations, organizational structure, territorial control, support base, etc.), the majority of ANSAs we studied, including those 'designated terrorist groups', have engaged on International Humanitarian Law (IHL), albeit to various degrees. Some Islamist ANSAs, such as the MILF/BIAF(Philippines), the Taliban (Afghanistan), and Hezbollah (Lebanon) have also engaged on these issues, although from a different angle, based on Islamic rather than international law. Islamist State Group, Al Qaeda, and other affiliated groups have taken a more radical approach to these humanitarian concerns, often in contradiction of mainstream Islamic scholars' views.
• Our research suggests that policy shifts have been driven at least in part by political considerations and concern for their reputation, often at a time they engaged in peace talks.
• Our research found that some thematic rules are more acceptable for ANSAs than others. For example, many ANSAs studied, including several Al Qaeda-affiliated groups address the protection of healthcare and seem to agree with the content of IHL rules, although from an Islamic law perspective.
• Interestingly, many ANSAs have gone further to their obligations under IHL, for instance on the protection of children in armed conflicts or on the use of certain weapons.
• Most ANSAs studied as part of this research have undertaken commitments on IHL issues through action plans with the UN, the NGO Geneva Call's Deeds of Commitment, unilateral declarations, MoUs, and ceasefire or peace agreements.
• Humanitarian commitments made by ANSAs have positively impacted other ANSAs.
• Our research shows the value of humanitarian engagement with ANSAs and complementarity of approaches.
• The research has identified some correlation between the types of ANSAs proposed and their potential capacity to implement IHL norms.
• In addition to the lack of capacity and command and control issues, another important challenge to compliance is ignorance of international standards.
Exploitation Route We only have been able to research the practice of a selected number of armed non-state actors. Further research could be undertaken to study other actors and on other norms.
Sectors Security and Diplomacy

URL https://words2deeds.org/
 
Description We were conscious that the study of ANSAs' behaviour was important to increase the respect and level of implementation of humanitarian norms, which is of the responsibility of States party to the treaties. Increasing respect for humanitarian norms by all parties to conflicts, but especially by armed groups is also a clear policy objective as stated in many United Nations reports since at least 2009. As a consequence, and from the very start, our project was designed and meant to be useful not only for the academic community, but also for policy makers. The main policy makers we reached out to were: - States, through their diplomatic representations in Geneva. We were also in contact with the FCDO on several occasions. - We reached out to Non-Governmental Organisations (NGOs), such as the Norwegian Refugee Council, Geneva Call, Diakonia. - Finally, we were in contact with Intergovernmental Organisations (IOs), for instance UNICEF or the UNHCR. We reached out to policy makers through: - bilateral contacts to inform them about the project. - Policy makers were also invited to several meetings throughout the project: in March 2021, for the launch and presentation of provisional results, in May 2021 for a meeting of the partners to the project, in June 2022 for a meeting on the draft policy results and in September 2022 for the International Conference. Lessons learned: Through these meetings, we learned about: - the more specific needs and concerns of this community and we adapted our research focus in consequence. - We tried to provide for targeted tools, as well as - to provide for useful information and research outputs. Discussing with policy makers was also a way to increase awareness about the importance of this topic in different for a and to convey the positions and concerns of actors (ANSAs) that some policy makers, notably States, rarely approach
First Year Of Impact 2021
Sector Security and Diplomacy
Impact Types Policy & public services

 
Description Citation of the research in the upcoming UN Secretary General Report on the protection of civilians, 2023
Geographic Reach Multiple continents/international 
Policy Influence Type Citation in other policy documents
URL https://www.securitycouncilreport.org/un_documents_type/secretary-generals-reports/?ctype=Protection...
 
Description Centre for the Study of Armed Groups 
Organisation Overseas Development Institute (ODI)
Country United Kingdom 
Sector Charity/Non Profit 
PI Contribution I have been invited to speak and be part of an initiative if which the centre is leading on peacebuilding and armed groups.
Collaborator Contribution Dr Ashley Jackson has been collaborating with our project on the case study of Afghanistan.
Impact The output from this collaboration is not yet published.
Start Year 2021