In search of responsibility for ANSAs to apply the right to education during armed conflict : defining legal and practical approaches to ensure the right to education during non-international armed conflict

Abstract

The importance of the right to education is often neglected in non-international armed conflicts. This neglection is even worse when it comes to the obligation of ANSAs to ensure the right to education. A reason for this is the difficulty to confer on ANSAs legal obligations under international human rights law, during armed conflict. Hence, a thorough assessment on the status of ANSAs in an armed conflict, under international humanitarian law and international human rights law imposes itself. For that reason, it is important to assess what the concept of ‘ANSA’ entails, what its status us in an international armed conflict and whether extra requirements like the control over a certain part of a territory are important to confer on them human rights obligations, and in particular the right to education. If this is established, the last part of the research will deal with its compliance through engagement with humanitarian organisations and accountability under international law.