Research On The Responsibility Of Armed Groups In International Humanitarian Law

At the beginning of the birth of international humanitarian law,the main form of armed conflict in the world is the war between countries,but with the means of war banned by the international community,the direct armed conflict between countries has almost been replaced by the conflict between armed groups.The rules of international humanitarian law set many restrictions on the acts of war between countries,but there are still no restrictions on the non international armed conflicts led by armed groups at present,especially when armed groups commit acts in violation of international humanitarian law,it is difficult to find a suitable answer to the question of responsibility caused by them in the current international humanitarian law system.Starting from the responsibility mechanism of humanitarian law,this paper analyzes the status of armed groups in international humanitarian law.In the history of international humanitarian law,armed groups were once pursued as the subject of responsibility,but the principles used in this case were not accepted by the later international criminal court.The reason is that the criminal responsibility of groups used in the tribunal of the former Yugoslavia was too subjective Criminal intent ignores the behavior of the defendant objectively,so it is not adopted in practice and theory.The other reason is that the nature of today’s armed groups is complex,which is essentially different from the criminal organizations in the Nuremberg trial period,and it is not suitable to pursue responsibility in the same way.Then the responsibility of international humanitarian law caused by armed groups is ultimately borne by its members and the state controlling the armed groups.The mechanism of investigating the criminal responsibility of the members of the armed groups is relatively perfect,but the pursuit of the responsibility of the leaders of the armed groups needs to be combined with the jurisprudence of the International Criminal Court in recent years to pursue the responsibility of the commander.The state responsibility of controlling armed groups belongs to the state’s implicated responsibility,and the principle of state’s implicated responsibility lies in the violation of international obligations,the influence of state will in the acts of armed groups,and the fact that the Security Council can punish such acts.By analyzing the typical cases of implicated responsibility,this paper summarizes the international humanity caused by the armed groups controlled by the state The standard of law implicated responsibility is the standard of effective control.The solution to the problem of responsibility caused by the violation of humanitarian lawby armed groups is to determine the clear target of responsibility of international humanitarian law caused by armed groups,and to bring the behavior of armed groups into the actual jurisdiction of international humanitarian law,so that international humanitarian law can better protect human life and dignity in non international armed conflicts.