Como nascem as guerras: o engajamento de grupos armados não-estatais com o Direito Internacional Humanitário

Abstract

Considering that every investigation begins with a good question, the spark of this research is honored with the given title: what if there was a connection between the causes of non-international armed conflicts, there is, the reasons and motivations for resorting to violence – for non-state armed groups – and compliance or non-compliance with humanitarian norms in the field? Would it result in successful engagement for humanitarian purposes by humanitrian organizations? Alternatively, at least, would there be a way to analyze this relation, dimension it, using methodologies such as humanitarian negotiations and questioning the concept of norm, as known? What variables would influence this relation? A better understanding of these variables and their different manifestations could help relevant actors prepare negotiations and interventions in the field, identify the right interlocutors and frame the context and language of these interactions. This is because such variables make up the framework of reality, the construction of narratives, communication and the applicable legal order. Therefore, more evidence is needed to build a more comprehensive and empirically grounded set of theoretical and practical tools on the variables that influence compliance (and non-compliance) with humanitarian norms in non-international armed conflicts by non-state armed groups. Particularly regarding the variables to be identified in the course of this research, we seek to understand what roles they play in the dynamics of armed conflicts and how it is possible to incorporate them into a system, strategy and/or tool that serves humanitarian protection objectives. Furthermore, it is hoped that this study will contribute to a better understanding of the importance of implementing approaches that integrate culturally specific practices and beliefs as sources of influence on compliance with humanitarian norms (for humanitarian purposes) both by the international humanitarian sector and by the Academy. To avoid misrepresenting, overestimating or underestimating their impact, a deeper and contextualized understanding of such variables is necessary, including the incorporation of these alternative dimensions to be observed in the field.