Force in this context takes many forms, ranging from targeted killings and abductions of individuals to largescale military operations amounting to armed conflict. It will be argued that in the course of two decades the legal rules governing the use of force have been readjusted so as to permit forcible responses against terrorism under more lenient conditions. In practice, states invoking selfdefence against non state actors rely on the involvement of the host state with those actors to justify the use of force in that state s territory. Academics have argued that the use of drones is in selfdefence against non state actors is permitted under international law. State has used force against a nonstate actor within the territory of another state. The law on the use of force is traditionally designed to regulate the legality of armed force between states. Skaar, steinar 2011 the use of armed force against non. It does, however, regulate extraterritorial use of force against non state actors since it involves the territorial integrity of another state. Non state actors and the use of force nicholas tsagourias professor of international law and security, university of glasgow this article examines the legality of the use of force by non state actors as well as the legality of the use of force against them.
This calls for partnerships with states, multinational forces, and in some cases, non state actors that share u. The use of force by states is controlled by both customary international law and by treaty law. However, arguably, any use of force against non state actors is likely to interfere with the territorial integrity of the state within which it operates, even if such use of force is directly aimed at the base of operations of the non state actor. The use of force by nonstate actors and the limits of attribution of. The right of states to use force against nonstate actors. This reflected the reality of the aftermath of the second world war and the efforts of the international community to prevent such conflict from recurring in future. Use of force by nonstate actors and the limits of attribution of. It is not clear, from a legal standpoint, how to rationalize the fact of involvement as a form of legal justification. This trialogue concerns the use of force in selfdefence against non state actors in the territory of third states under international law. In such a scenario the question arises whether the victim state has the legal right to use force to defend itself against the non state actor. Since the creation of the united nations in 1945, the ability of states to resort to armed force without violating what might be considered as the single most important norm of international law, has. Extraterritorial use of force against nonstate actors and. The right of selfdefence against nonstate actors is increasingly invoked and. Use of force against non state actors and the circumstance precluding wrongfulness of selfdefence by federica i paddeu contemporary private terrorism constitutes a new kind of threat.
This thesis examines the extraterritorial use of force by states against terrorist nonstate actors, and the focus is to answer the question whether the law of selfdefence has been transformed. Most recently a group of special rapporteurs reported to the new human ri ghts. Dec 06, 2017 ruys and verhoeven, for example, stress that state sovereignty is and remains one of the basic pillars of international law and order and should not lightly be violated. The evident ambiguities and inconsistences in the practice reflect an ongoing struggle over the laws proper content. The role of non state actors in international relations.
However, arguably, any use of force against nonstate actors is likely to interfere with the territorial integrity of the state within which it operates, even if such use of force is directly aimed at the base of operations of the nonstate actor. This struggle cannot neatly be resolved because the international legal system is, at bottom, decentralized. Possibility of selfdefence against nonstate actors oxford. Nonstate actors and the state the impact of nonstate actors is contextdependent, however. Extraterritorial use of force against nonstate actors oxford. The illegality of extraterritorial use of force against non. The right of selfdefence against non state actors is increasingly invoked and accepted in the practice of states. The question when the use of force in selfdefence against a nonstate actor within the territory of another state is lawful, can be separated in two parts, namely the application of the selfdefence framework against the nonstate actor, which allows the defending state to assess whether force can be used against the nonstate actor as an entity, and the second layer of the. The use of force against a nonstate actor in the territory of. Use of force against nonstate actors and the circumstance precluding wrongfulness of selfdefence volume 30 issue 1 federica i. The use of force against a nonstate actor in the territory.
A capable state is one that has all the attributes of a modern, strong, responsible. This view was not, however, accepted by russia, china, or even the united kingdom, which initially refused to join the united states in bombing isis targets in syria. Efforts to clarify the law on the use of defensive force against nonstate actors are premature. This paper 11studies the scenario where a state the victim state is attacked by a non state actor which is based in a second state the territorial state. At the same time, the united states started targeting the khorasan group in syria. Those who invokes the doctrine claims that when a state is either unwilling or unable to address a threat posed by a private person or group operating within their territory, the state that is threatened can use force on the territory of the other state without consent, in order to defend itself. Each of the case studies attempts to characterize the nature of the conflict, the leaders of the nsa, the methods used by each state against its non state opponent, and the results of those methods. The illegality of extraterritorial use of force against nonstate actors. Use of force against nonstate actors and the circumstance.
The grounds of attribution of conduct as codified by the international law commission in the articles on state responsibility for. Extraterritorial use of force against non state actors analyses the relevant rules of international law applicable to the extraterritorial use of force by states against the acts of non state actors that cannot necessarily be attributed to a particular state. As ive said above, if a non state actor launched a missile at a state from antarctica or from a pirate ship on the high seas, the attacked state simply does not need to justify its use of force against that non state actor, because the use of force is not prohibited unless it infringes on another state. Human rights bodies tend to apply increasingly a law enforcement rationale to the use of force in non international armed conflicts and in certain situations in contexts of occupation. The use of force by nonstate actors and the limits of. As far as the non state actors are concerned, they were engaged in violence earlier. Hasan sits down with bernie sanders patriot act with hasan minhaj netflix duration. Research question the illegality of extraterritorial use of force against non state actors or new customary law. In practice, states invoking selfdefence against nonstate actors rely on the involvement of the host state with those actors to justify the use of force in that. By doing this, the member states have violated united nations articles governing the use of force and the notion of collective security.
On different mechanisms of accountability in respect of nonstate actors see. Non state actors are entities that participate or act in. As a basis of comparison, the niceurasia group seminars divided the world into three categoriesweak. Norwegian discussion on legality by highlighting the implications of using military force against non state actors. Noam lubell, extraterritorial use of force against nonstate. In practice, states invoking selfdefence against nonstate actors rely on the involvement of the host state with those actors to justify the use of force in that state s territory. The right to selfdefence against nonstate actors zaorv.
This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against nonstate actors. The use of force against perpetrators of international terrorism. Pdf the use of force in selfdefence under article 51 of. This book analyses the primary relevant rules of international law applicable to extraterritorial use of force by states against non state actors. This chapter analyses the question of whether selfdefence as understood in international law, encompasses the possibility of using extraterritorial force against armed groups abroad.
Part i of this study offers a brief introduction to the concept of customary international law. Sacco argues that in order to use force against a non state actor the threshold of armed conflict must be met before the use of force against non state actors can be justified. Phil williams violent non state actors and national and international security international relations and security network photograph used with the permission of reuters. International law does not always provide clear and straightforward answers to these challenges. Ten case studies involving conflicts between states and non state actors were compiled for this effort. The use of force in selfdefence against nonstate actors. Weller, the oxford handbook of the use of force in international law, 2015, 695. The roles they play, and the influence they exert, depend upon political, economic, and social context. The final section of this thesis will offer recommendations on necessary changes to the united nations charter regarding the use of force against violence by non state on state actors. It concludes that the norwegian political discussion or decision making process did not address the particularities relevant to the use of force against non state actors in any depth.
In this regard, the first section of this article will set out the threat. How the war against isis changed international law. The pdf version of this article is available for download here. The situation regarding non state military actors in the middle east willian moraes roberto1 ana carolina melos2 abstract the 21st century has seen an increase in the number of actions against the socalled non state military actors, whose common features are.
This last question arose out of the awareness that the terrorist threat typically comes from groups of private individuals that can hardly be referred to a state, i. Defensive force against nonstate actors university of michigan. Extraterritorial use of force against nonstate actors. Violent nonstate actors and national and international. The use of force against terrorists 361 20 years of the european journal of international law. Notes and comments, selfdefense against nonstate actors continuation of the debate. Extraterritorial selfdefense against nonstate actors.
International law relating to the use of force, in particular international law on the rules of selfdefence, is immensely important. It examines the prohibition on the use of force, and whether the concept of armed attack as appears in the rules of selfdefence, includes attacks by nonstate actors. You can support us by purchasing something through our amazonurl, thanks. The use of force by non state actors 565 illustrates how obligations can be directed to non state actors, including in the context of counterterrorism, arms embargoes and access to humanitarian assistance. For example, 70 state partners and 4 international organizations are part of the defeatisis coalition.