Table of Contents

Research Handbook on Human Rights and Humanitarian Law

Research Handbook on Human Rights and Humanitarian Law

Research Handbooks in Human Rights series

Edited by Robert Kolb and Gloria Gaggioli

This fascinating Handbook explores the interplay between international human rights law and international humanitarian law, offering expert analysis on the increasingly complex issues surrounding their application in conflict areas across the world.

Chapter 20: International humanitarian law and human rights rules in agreements regulating or terminating an internal armed conflict

Luisa Vierucci

Subjects: law - academic, human rights, public international law, politics and public policy, human rights, terrorism and security


The agreements stipulated between a government and an armed opposition group to regulate the relations that originate from internal armed conflict, numbering in the hundreds, form an outstanding practice that deserves examination under an inter- national law perspective from many different angles. To date, this practice has been largely ignored by international lawyers, with the notable exception of C. Bell, who has devoted two monographs to the analysis of these agreements. Our chapter focuses on the provisions of the agreements concerning the regulation of the conduct of hostilities and the treatment of persons deprived of their liberty in connection with armed conflict, as well as the protection of human rights. These provisions can be included in the agreements that specifically aim to regulate those very aspects of the relations originating from the conflict or in the agreements having a different object, for example in the pacts establishing a ceasefire. Actually, although the aim of the agreements under examination is twofold, in that they either purport to regulate the conduct of hostilities or to address the causes of the conflict, with a view to terminating it, the object of the agreements is varied and it can be roughly classified into nine distinct categories: the modalities of the conduct of negotiations; the conduct of hostilities; the ceasefire and the cessation of hostilities; the re-settlement of and assistance to refugees and internally displaced persons; the protection of indigenous peoples; the demobilisation, disarmament and reintegration of armed groups; the protection of human rights;

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