Internment by non-State armed groups : Legal and practical complexities

MC Meetei
Contd from previous issue
Challenges in Ensuring Compliance
Ensuring NSAGs compliance with IHL poses significant challenges. Unlike state actors, NSAGs often lack the administrative capacity and resources to implement procedural safeguards. Their motivations and operational contexts vary widely, further complicating the enforcement of standardised norms.
The ICRC has sought to address these challenges through direct engagement with NSAGs, emphasising the benefits of adhering to IHL principles for gaining legitimacy and support from local populations. The organisation’s operational dia- logue with NSAGs often includes leveraging religious laws and local cus- toms to align detention practices with humanitarian standards.
Role of Supporting States and International Actors
States that support or partner with NSAGs bear a legal responsibility to prevent and address arbitrary detention practices. This responsibility extends to ensuring that their partners comply with IHL through capacity-building initiatives, training programs, and conditional support mecha- nisms. The ICRC’s recommendations for supporting states include fostering respect for detainees’ rights and facilitating the implementation of safeguards. Accordingly, India is accountable for the war crimes perpetrated in Manipur by the Kuki NSAGs under the Suspension of Operation (SoO) Pact with the Government of India. The SoO, being a political pact implying a ceasefire, obligates both parties to adhere to the principles of IHL, including the protection of civilians and their properties, prohibition of targeting non-combatants, and prevention of indiscriminate violence, regardless of the operational context.
Moreover, impartial humanitarian organisations like the ICRC play a vital role in advocating for humane treatment of detainees. Their work includes monitoring detention conditions, providing material assistance, and engaging in dialogue to ensure compliance with IHL.
Towards Ending Arbitrary Detention
Ending arbitrary detention by NSAGs requires a multifaceted approach that prioritises the dignity and rights of detainees. Key measures include
1. Establishing Legal Frameworks: NSAGs must codify clear rules and procedures governing detention practices.
2. Implementing Procedural Safeguards: Regular reviews, transparency, and opportunities for detainees to challenge their internment are essential.
3. International Support and Monitoring: States and humanitarian organisations should collaborate to enhance compliance and accountability.
4. Advocacy and Awareness: Raising awareness about IHL standards among NSAGs, communities, and international stakeholders is crucial for long-term change.
Conclusion
Internment by NSAGs stresses the complex interplay between legal norms, humanitarian concerns, and the realities of armed conflict. While IHL provides a framework for regulating detention practices, achieving full compliance remains a formidable challenge. Strengthened engagement by international actors and regional humanitarian organisations, coupled with a commitment to procedural safeguards and humane treatment, can mitigate the suffering of detainees and uphold the principles of IHL in NIACs. Views are writer’s own. The writer is a Coordinator of Manipur International Youth Centre. He can be reached at mcbm17@gmail.com