PROHIBITION OF THE USE OF FORCE BY NON-STATE ACTORS: IS IT TIME TO MOVE TOWARDS INTERNATIONAL REGULATION?

Abstract

This article underscores the pressing need to expand the scope of the
prohibition of the use of force principle, firmly established in international
law, to encompass non-state actors (NSAs). Conventional wisdom holds
that the legality of employing force by NSAs within a specific state's
territory is subject to domestic lawrather than international regulations.
However, recent years have borne witness to an unprecedented surge in
the use of force by NSAs, resulting in consequences that transcend national
boundaries. Notable examples include organisations such as ISIS, Boko
Haram, and even private military companies like Wagner, the Russian
private military company. Hence, it becomes pivotal to raise the question of
whether international law should exert its influence over the conduct of NSAs.
While international law does indeed govern the use of force by NSAs to some
extent, particularly from a jus ad bellum perspective, this control remains
rather limited. This paper undertakes a comprehensive examination of this
issue and contends that international legal principles pertaining to the
prohibition of the use of force should be extended to encompass NSAs,
including the application of jus in bello principles.