The Obligations of Armed Non State Actors During Non International Armed Conflicts A Case Study of Libya

Abstract

In contemporary times, the realm of violence has undergone a transformation that newlinetranscends state boundaries, encompassing armed non-state actors (ANSAs). The newlinetraditional role of states in armed conflicts has undergone a substantial shift, with non-state actors now holding a prominent role in conflict areas. This evolution has sparked global apprehension, urging the swift integration of normative legal practices to address the actions of ANSAs. Despite this concern, a comprehensive framework to address the obligations of ANSAs in armed conflicts has yet to materialize. The proliferation of newlineANSAs and their active engagement in armed conflicts has ignited multifaceted debates, newlinemany of which remain unresolved. A consensus has emerged within the structure of IHL, newlineacknowledging that ANSAs bear responsibilities equivalent to states in NIAC, as stipulated by Common Article 3 and AP II, 1977. However, a disparity emerges between ANSAs and the state s general defence forces owing to the divergent legal statuses; states are meant to uphold international obligations, while ANSAs lack similar treaty obligations. newlineStates are encouraged to embrace the tenets of IHL through treaty mechanisms, but ANSAs newlinelack eligibility for membership in such treaties due to their unequal standing. newlineConsequently, the current legal and judicial apparatus predominantly adjudicates violations committed by states and individuals rather than collectively addressing ANSA actions. newlineThis selective approach means that ANSA violations do not trigger comprehensive legal newlineconsequences for the entire group; instead, accountability remains confined to individuals through principles of individual criminal responsibility. newlineThis research seeks to meticulously investigate the existing legal frameworks, delving into the jurisprudence of various international tribunals. By drawing insightful parallels, it advocates for attributing international legal obligations to ANSAs actively involved in newlineconflict situations, with a particular focus on Libya. Libya is a compelling