The De Facto Control Regime by Non-state Armed Groups under International Humanitarian Law

Abstract

In contrast with the traditional occupation regime in international armed conflicts, the de facto control is poorly regulated under International Humanitarian Law. Although it is intended that this legal void be resolved with the application of International Human Rights Law, the attribution of responsibility for violations in this matter to non-State armed groups remains questionable. This may cause impunity and, ultimately, the lack of protection of civilians. Having analyzed the de facto control established by the Islamic State in Syria and Iraq as a case study there is, concludingly, the need to expand the regulation of this regime under International Humanitarian Law.