Born in the twilight zone: Birth registration in insurgent areas. (August 2019)

• Record Type: Journal Article
• Authors: Hampton, Kathryn
• Is Part Of: International review of the Red Cross. Volume 101:Number 911(2019)
• Page Start: 507
• Page End: 536
• Publication Date: 2019-08
• Subjects: birth registration, -- insurgent groups, -- armed opposition groups, -- customary international law, -- child rights in armed conflict; Red Cross and Red Crescent -- Periodicals; Humanitarian law -- Periodicals; Humanitarianism -- Periodicals; 361.772
• DOI: 10.1017/S1816383120000168
• Languages: English
• ISSNs: 1816-3831

Abstract

Abstract: Insurgent groups are registering births in territories which they control, and yet States do not recognize insurgent birth registration, resulting in a legal vacuum with harsh consequences for children. Based on international human rights and humanitarian law provisions related to birth registration, this article argues that insurgent groups have an inherent power to register births in order to fulfil their obligations under international humanitarian law, and that State obligation to ensure the right to recognition as a person under the law should require States to recognize insurgent birth registration in order to prevent harm to children.