A CRITIQUE OF THE RESPONSIBILITY OF NON-STATE ACTORS IN VIOLATIONS OF INTERNATIONAL HUMANITARIAN LAW

Abstract

The responsibility of non-state actors in violation of IHL has emerged as a critical issue in contemporary armed conflicts. This research explores the multifaceted roles and responsibilities of non-state actors in the world in the context of IHL violations. While traditionally, states have been the primary subject of international law, the rise of non-state actors necessitates a re-evaluation of accountability mechanisms under IHL. The analysis begins with a historical overview of the evaluation of IHL and its applicability to non-state actors, highlighting key legal instruments and case laws that have shaped current interpretations. It examines the challenges in enforcing, implementing IHL against non-state actors. This research adopts a doctrinal methodology and delves into current and past case studies illustrating how non-state actors� involvement in conflicts affected the international scene and how these groups have been held accountable or not for war crimes and other serious violations.� It discuses the legal framework associated with non-state actors.� This research work recommends a more robust and adaptable framework for clearer guidelines for non-state actors, and stronger support for domestic legal systems to prosecute IHL violations. Ultimately, this critique emphasizes the need for a comprehensive approach to IHL that accommodate the realities of contemporary warfare. It concludes that ensure all violators, regardless of their state or non-state status, are held accountable for their actions. By reinforcing the principles of IHL and improving enforcement mechanisms, the international community can better protect victims of armed conflicts and uphold the rule of law.

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Resource ID

urn:uuid:fbacb2b2-470b-44de-94a1-0a2ddd6d290f