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 1 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 2 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 3 follows with a discussion of the categorization debate for non-state actor conflict. 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, but clearly transcends national borders. This part also highlights the lack of consensus regarding how non-state actor conflict is categorized. As will be discussed, although not sufficiently part of the contemporary dialogue, some conflict with non-state actors can occur in the context of a broader inter-state armed conflict; conflict that is viewed as being international in character. This raises the complicated question of whether the armed conflict is then “consumed” by the broader inter-state armed conflict, or whether it is legitimate to treat two conflicts as distinct when they occur at the same time and place.
