Identification of Non-State Armed Groups in Non-International Armed Conflicts: A Legal Analysis

Abstract

The globe was ravaged with heinous wars during the dawn of the 20th Century with World War I and II having caused millions of people throughout the world death, torture, imprisonment and destruction. Major participants placed their entire economic, industrial and scientific capabilities at the service of the war effort. International Humanitarian law is this regime of laws which originally dealt with armed conflicts. The subject of Non-State Armed Groups in context of armed conflicts is a less explored area of study, while importance of such studies are much pressing today, given the multitude of armed conflicts throughout the world. In this study, attention is given to find out a proper definition for non-state armed groups within non international armed conflicts while removing isolated terrorist attacks that may take place without an armed conflict situation and other non-state actors, within the purview of International Humanitarian law. The purpose of this research is to examine proper criteria to identify nonstate armed groups. The study shall be done on basis of available primary sources including relevant legal text of Conventions, Additional Protocols, National policy papers and Codifications of customary international law and international norms and secondary sources will include books, articles and relevant internet sources. However, identification of non state armed groups and finding out proper definition raise several problems, as there are several armed groups called non-state actors, non-state armed groups, belligerents, liberation movements etc. that should be identified distinctly from each other. All written laws apply only to state parties to written laws, whereas non-state armed groups are not party to any treaty or convention or any written law. Therefore unwritten laws are applicable to non-state armed groups. Ultimately, aim of the research in formulating a proper legal definition for non-state armed groups is to make room for them to be brought before justice and make them accountable.