ABSTRACT

Many non-state armed groups are structurally complex consisting of dynamic networks of interactions with a loosely organised command structure that is in a constant state of flux. This chapter makes one key claim: that the non-state armed group is not always reducible to the individuals who ostensibly are members. Building on existing accounts of international criminal justice, the chapter delineates an ontology of the non-state armed group that undermines the individual-centric focus of international criminal law. It argues that if international criminal law is to be effective in achieving its central goal to suppress impunity for international crimes it must have a legal means of investigating and prosecuting collective entities such as the non-state armed group as well. It also argues that other efforts should be made to enhance non-state armed groups' compliance with international law and their accountability for breaches of it. Accountability for international crimes would therefore perhaps mean something different, depending on the type of measures considered.