Chapter 9: The provision of healthcare by Islamist armed groups: Between sharia and international law
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While the legal personality of States is unambiguous, non-State armed groups display a greater complexity in this field. This is because they can simultaneously be bearers of obligations under international law, criminal entities under national law, and enforcers of their own system of rebel law when they engage in governance activities. Acknowledging this unique complexity, this chapter explores how Islamist non-State armed groups behave when they are both law-makers with the intention of applying a certain legal framework over the territories under their control and subjects of international law bound by specific obligations as parties to a non-international armed conflict. To do so, the chapter focuses on two cases of Islamist rebel rulers, Hayat Tahrir al-Sham in Syria and the Taliban in Afghanistan, and investigates how their governance patterns in matters of healthcare relate to Islamic law and international law.

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