ABSTRACT
This chapter focuses on the unique aspects of contemporary violence with non-State actors and its categorization when it arises to the level of armed conflict. Part 2 begins by considering the genesis of non-State actor conflict in just war theory, and the unique role the State plays in regulating that violence as a proper authority. Specific non-State actors are discussed, namely traditional rebels, insurgents, and belligerents, as well as contemporary transnational non-State groups, and criminal organizations potentially morphing into criminal insurgencies. Part 3 then transitions to the treaty and customary law framework governing armed conflicts involving non-State actors, focusing primarily on Common Article 3 to the 1949 Geneva Conventions, the two 1977 Protocols, and customary international law. Part 4 follows with a discussion of the categorization debate for non-State actor conflict, and how this discussion is complicated by the terminological confusion that occurs when violence with non-State actors is considered to be not of an international character, yet transcending national borders. Part 4 also examines the criteria applied for determining when violence with non-State actors crosses the armed conflict threshold, and considers the adequacy of this criteria. Lastly, the chapter ends by exploring the issue of States acting in self-defense against non-State actor threats.
