Alothman, Abdulmohsen and Summers, James (2017) Opposition groups as parties to internal armed conflicts and the concept of the R2P : to what extent opposition groups could play a role for the purpose of the protection of populations within the concept of the R2P. PhD thesis, Lancaster University.
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Abstract
This thesis focuses on opposition groups as parties to internal armed conflicts and the concept of the R2P. Accordingly, this research aims to examine the extent to which opposition groups, as parties to internal armed conflicts, could contribute to the objective of protecting civilian populations. The significance of this subject lies in the fact that although the primary objective behind the adoption of the R2P is to improve the protection provided for civilians within the context of internal armed conflicts, the framework regulating the R2P does not include any reference to opposition groups as a main party in internal armed conflicts. It is practically unseen how civilians could be effectively protected in internal armed conflicts without the involvement of opposition groups. The concept of the R2P is used as an interpretive tool to determine the role of opposition groups in the protection of civilians. This research intends to define the elements related to the concept of civilian protection within the framework regulating internal armed conflicts and to trace any potential development after the adoption of the R2P. To this end, it attempts to consult and analyse the relevant primary and secondary materials, such as conventions, reports, cases, books and articles. First, this project defines the concept of organised armed groups and evaluates how organised armed groups are bound by IHL. Second, this thesis determines the extent to which organised armed groups already have a responsibility to protect under the framework regulating internal armed conflicts. This assessment is based on the examination of selected obligations that are fundamentally related to the concept of civilian protection. Third, the research evaluates the extent to which the adoption of the R2P could contribute to the international recognition of the political organs of opposition groups. Finally, this thesis examines the international R2P and the role of opposition groups. It focuses on the provision of arms to opposition groups by third states as well as the legality and scope of the authorised use of force for the purpose of civilian protection. The research concludes that opposition groups could play a fundamental role in the protection of civilians within the context of internal armed conflicts. Like host states, opposition groups are bound by IHL. The level of civilian protection that opposition groups are required to provide depends on their level of organisation. Opposition groups already have a responsibility to protect under the existing rules of IHL. Since the adoption of the R2P concept, there have been indications that opposition groups could be politically recognised at the international level. It has been suggested that the right to self-determination can be relied upon to justify the struggle against repressive regimes. Opposition groups, under very strict conditions, could receive arms and other forms of help from third states for the mere purpose of civilians protection.