The Obligation to Provide Reparations by Armed Groups: A Norm under Customary International Law?

Abstract

Reparations represent a key element to redress the suffering caused to victims of armed conflict. Taking into account the predominantly non-international nature of contemporary armed conflicts and the fact that armed groups represent half of the participants, it seems legitimate to question whether reparations should also be provided by armed groups. From the victims’ perspective, the suffering caused to them remains the same irrespective of whether the perpetrator is a state or a non-state actor. In this context, there appears to be an emerging practice supporting the obligation of armed groups to provide reparation, as acknowledged in some UN reports. In addition, there have been examples of armed groups committing to provide some forms of reparation to victims through peace agreements, unilateral declarations and codes of conduct. This article analyses the recent international practice and examines any potential duty by non-state armed groups that could have been recognised in the provision of reparations. More precisely, the article evaluates whether the developments in the practice of armed groups could be considered as contributing to customary international law and suggests how this practice could be weighted together with the practice of states. It also identifies challenges and limiting factors in the provision of reparations by armed groups.