International Law Review

International Law Review

International Legal Personality of Non-State Armed Groups with an Emphasis on Yemen Crisis

Document Type : academic

Authors
Seyed Ghasem Zamani 1
Maryam Hosseinabadi 2
1 Professor of International Law, Faculty of Law and Political Sciences, Allameh Tabataba'i University, Tehran, Iran
2 Ph.D. of International Law, Faculty of Law and Political Science, Allameh Tabataba'i University, Tehran, Iran
10.22066/cilamag.2024.563658.2335
Abstract
Since the establishment of modern international law following the conclusion of the Treaty of Westphalia in 1648 until nearly half a century ago, states were considered as the sole subjects of international law, thus enjoying international legal personality. However, the number of entities playing influential roles has increased, and among them, Non-State Armed Groups (NSAGs) are of great importance due to their growing participation in armed conflicts. The active participation of these entities in conflicts raises the question of their legal personality in the international legal sphere, which is still predominately state-centric. Answering this question is important because it determines the first step towards acquiring rights and obligations under the structure of international law. Consequently, the possibility of considering secondary rules as a guarantee against the neglect of international obligations depends on having an international legal personality. This article examines the legal personality of NSAGs in international law with an emphasis on the situation in Yemen. It concludes that the evolution of the personality of these groups may play an important role in holding them internationally responsible.
Keywords
Non-State Armed Groups
International Legal Personality
International Humanitarian Law
Armed Conflicts
International Obligations
Yemen

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  • Receive Date 17 October 2022
  • Revise Date 15 December 2023
  • Accept Date 16 December 2023