Introduction Of International Law And Armed Non-State Actors Assignment Help
Get free written samples from expert assignment writers and academic writing services in UK.
In the last few decades are observed, the role of non-state armed groups has become an essential and concerning issue that is violating the international humanitarian law dynamics. There is no controversy about the importance of blessing and regulating international law, which is unclear or inefficiently explodes in the case of non-state armed groups (Dcaf, 201). According to international humanitarian law, the chief among the possible non-state armed groups our international irresponsible; however, it is pretty much predictable that they don't give think about breaching the international law obligation. In this case, the recent occupation of Taliban forces in Afghanistan is again increasing the impact of non-state armed groups and their barbarity which is not complying with the humanitarian law dynamics. Certain commentators are considering contemporary public international law to be a part of the state, and it is undeniable to be played as an international realm. The research will put an emphasis on the breaching of Laws regarding the Afghanistan post-Taliban recapture.
Definition of non-state armed groups
The definition of a non-state armed group can be said in the persuasion of the international law they are neither defined what they are, and neither includes the notion of these entities of a group of parties for their armed conflict (Jo, 2018). The definition can be further explained in view of the reluctance of state premier existence of NASGs depending upon the treaties and provisions made by them and considered ask non-state armed groups.
The happening of Afghanistan conflict is a result of the Cold War between Russia and America. When these two countries started to make their influence over the world, a new kind of war started. These two countries are not directly engaged in a war or conflict. Rather they put other countries as their shield and make an influence over their political viewership. In actuality, as Afghanistan is near to the Soviet Union, then the USSR tried to put influence the control in Afghanistan by putting its confidence as the chief of the country. However, this move is not registered by America, and they had tried to control the situation in their own way. Instead of sending troops, America has considered investing and funding the local communities about Langston and made them the non-state armed groups, which are rebelling in a violent way two moves away from the Russian control over the country (Bellal, 2020). However, after a certain time, the non-state armed groups started to be their boss in their own way and tried to put Sharia Law over Afghanistan. The 9/11 attacks made by the Taliban by targeting the World Trade Center, it has shaken The US government. After the attack, The US forces deployed to Afghanistan to control the situation and remove the Taliban, who were controlling the country then. In the first phase of Taliban-controlled Afghanistan, the non-Muslims are killed, and the woman is forced to be under house arrest, raped, and publicly asserted. Further, non-Muslims are forcefully converted into Muslims, which is against international humanitarian law ('The International Responsibility of Non-State Armed Groups: In Search of the Applicable, 2020).
This paper has been designed by the researcher to focus on the core aspects of the topic of the paper that is based on the context of Humanitarian Norms with reference to Armed Non-State Actors (Niyo, 2020). Through this paper, the legal landscape and the responsibilities that lay on the part of the armed non-state actors have been illustrated. It has also tried to address the challenges and issues that are surrounded by such types of groups. When looking back into history International laws will always be found to have been an integral part of the issue rather than serving its purpose of existence as a part of the solution.
As the armed group had been excluded from the treaty-making procedure thus it was of utmost importance that they get to become an important party to those treaties as a cause for an alternative regime that needed to be adopted (Heffes, 2022). According to the doctrinal notion that deals with the abstract level it can be stated that there lay a limited number of subjects in the international legal system which can be further termed as states or parties to the state that has been created it was found that the international law was considered to be ineffective and inimical. The aims and objectives of the international law system were found to be hostile when connected with the issues faced by the armed groups.
In this paper, the researcher has tried to draw both the traditional as well as the current outlook of international law. From the data that have been jotted down in many scholarly papers, it can be found that international law has had an unhelpful and dangerous outlook towards the armed non-state actors as they excluded this group on its own terms stating the cause that it is out of its list in terms of the suitable subjects. However, the researcher is of the opinion that this is the given situation in which the radical rethinking of the concerning issues of the International legal system is modified and get its flaws are corrected (Dcaf, 2011). However, keeping aside the traditional views on the international legal system it can be found that this system has now been redefined based on international rights and obligations of the individual members and thus tries to bring out the new perspective of the individuals.
As per the description above, it can be clearly stated that Afghanistan is known to be the state party that comes under the Geneva Conventions. Over the past few decades, the ongoing conflicts between the International military forces and the Afghan government have led to the creation of armed groups that further boosted the intensity of the conflict (Mégret, 2020). The requisite level to which the organization has been formed that is considered an integral part of the conflict consist of four main groups that include, Al Qaeda, Taliban, Hezb-e-Islami, and Haqqani. Each of these groups has been found to be bound by International Humanitarian law.
In recent times the increase in armed conflicts has increased, which is causing livestock millions of civilians their rights. In most armed conflicts, international humanitarian law and human rights law are violated in certain cases; the circumstances are driven to constitute genocides and war crimes termed crimes against humanity (Fortin, 2018). In the past 20 years, the government, diplomats, and social activities journalist have shown their worry about the increasing human rights violation in armed conflicts. In actuality, the issues regarding international humanitarian law and human rights violations in armed conflicts are constantly debated in the United Nations Security Council resolutions and United Nations Human Rights Council discussions (Rodenhäuser, 2018). Therefore the issue caused by the non-governmental organizations engaged in armed conflicts is increasing though it is to be considered a serious Issue.
The objective of international human rights law and international humanitarian law is to serve the dignity and humanity of every human being. And it is not limited to any particular country or state occupied by any forces by using arms or any other manner which is affecting the rights stated by the Human Rights Council (Moffett, 2020). Over the years, the General Assembly of the United Nations has considered that the parties were engaged in armed conflicts and violating human rights, and the international humanitarian law is bound to be responsible for affecting the citizens and humanitarian activities (FEKETE, 2015).
The scope and significance of international obligations that are associated with the organizations that are considered a part of non-state are considered to be underdeveloped in the legal system when put into practice (Mamiya, 2018). Each and every international court that exists on the international platform is said to allow only the cases that are required to be brought against individuals and the states (Amoroso, 2018). However, the researcher suggests the readers not draw a conclusion and drive a thought that goes against international laws as the decision for the exclusion of the armed non-state actors was done due to some subsequent causes (Tarasevich, 2020). The armed non-state actors were considered as the groups that practiced recognizing the insurgents and belligerents. These groups have had some rights and legal obligations towards the International Legal System which they were required to follow and the disobedience to those laws lead to this exclusion.
The rights and obligations of the groups in the enjoyment of international human rights are found to have been unexplored when looked at from the perspective of the doctrine as it comes with several factors that get it associated with the legal practice of the European Court of Human Rights (Carment and Belo, 2020). These rights and the violations of the laws have been further explained in the chapters below. This portion of the paper deals with the rational outlook of the researcher with reference to the relation between the international legal system and the armed non-state actors (Quintin and Tougas, 2020). To better understand the paper the researcher has tried to address the key aspects of the topic of the paper by having put forward both the traditional and advanced views of the scholars from their journal articles.
The research rationale thus states the obligations that the international legal system and armed non-state actors had towards each other that led to many more events after that. For a better understanding of the paper, the detailed sections have been broken down into the chapters that have been mentioned below (de La Bourdonnaye, 2020). However, for the explanation of each of the chapters in detail in the final paper the researcher will have to go through several issues as each of the factors deems to fall into the main three categories that are, international human rights, international humanitarian law, and international criminal law (Heffes and Somer, 2020). The researcher is primarily trying to focus on the challenges that come with armed non-state groups and several arenas it gets to deal with in the process of law-making.
This research work focuses on the ongoing international coalition of military forces to draw the attention of the readers to this subject matter (Pfeifer, Geis and Clément, 2022). With the help of an effective legal regime that governs the steps taken by the armed non-state actors with References to Afghanistan, the researcher tries to discuss the actions that they should take to regulate both international humanitarian law and international human rights law (Henckaerts and Wiesener, 2020). As the researcher digs into the past it can be found out that in October 2001, the US initiated air strikes on this particular country, the former country even came up with a ground offensive operation named Operation Enduring Freedom so that they can easily topple the and drive out the Al Qaeda forces and Taliban government those were hosted. This incident was the result of the terrorist attack initiated by Afghanistan on the US on 11th September 2001 (Heffes, Kotlik and Ventura, 2020). However, these incidents have been the start of many more armed conflicts in several parts of the country.
After the conflict was initiated its intensity have has a significant hike with the onset of resurgent Taliban along with many other non-state armed groups that rose against the government force of Afghan and the coalition of some military personnel who were serving in ISAF as well as those serving in Operation Enduring Freedom (Bellal, Giacca and Casey-Maslen, 2011). This research proposal has thus been executed to highlight the facts related to the application and implementation of international law with reference to Afghanistan's armed non-state actors (Ventura, 2020). Having investigated the issues that are been applied by these actors the international humanitarian laws as well as the international human rights law frameworks. In this paper, the researcher has elaborated on the regimes that come under the common Additional Protocol II and Common Article 3 by having connected them with ANSAs that are being operated in Afghanistan (Diab, 2020). The paper has also initiated conduct a brief inquiry that is associated with customary IHL to put ward about its rules and their applicability.
The question that has been highlighted in the points below encompasses various aspects of the topic of the paper. It pinpoints the questions that are likely to arise in the minds of the readers which reading the article. Thus, by discussing each question in the main dissertation paper the researcher will be able to serve the purpose of the formation of the paper.
A: What are armed non-state factors?
- What are armed non-state actors- who armed non-state groups?
- How can International Humanitarian law apply?
- What concerted and sustained military operations can be taken against the governmental armed forces?
B: The law:
- What do the Geneva Conventions offer for the protection of customary international humanitarian law?
- What are the case laws related to International Humanitarian law? What impact did it create on the sociological and economic perspectives?
C: A way forward?
- The paper will state the ways in which the sociological and economic benefits of the protocols and conventions of the Geneva Convention can be outlined along with clear identification of armed non-state actors.
In this chapter of the proposal, the researcher has mentioned the method by which the research work will be conducted (Kharel, 2018). As the content of the paper deals with the legal facts and the prevailing issues in relation to armed non-state actors thus the specification of the method that will be taken into consideration by the researcher in the final dissertation is of utmost importance (Prawoto, Priyo Purnomo and Az Zahra, 2020). Having used doctrinal research the researcher aims to build an informative and insightful paper. This particular form of research will help the researcher to conduct normal judicial research. It facilitates the paper to discuss constitutional principles as it focuses on the facts that are associated with the rules and regimes of the subject matter (Benda-Beckmann and Turner, 2018). In various books and legal articles, the applicability of this method can be found as the researchers have used it to understand and analyze existing statutory and legal propositions having considered the sociological and economical phenomenon.
The historic perspectives of doctrinal research have been challenged by many scholars from time to time as they considered it to be hermeneutic, empirical, normative and logical elements thus lacking the ability to draw a firm conclusion out of the subject matter (Ho, 2022). However, the most appropriate and logical research approach that goes alongside the doctrinal method is pluralism. The pluralism research perspective helps in discussing multiple dimensions of the given topic (Coetsee and Buys, 2018). It helps to bring in various types of information in a collaborative approach that helps to dig out deep-rooted values that are humanistic and person-centered.
As the paper deals with international laws and their applicability to armed non-state actors thus the use of a socio-legal approach will be done for the formation of the final paper (Schröder et al., 2020). This paper will thus try to analyze the law directly so that the socio-economic outlook of the subject matter can be effectively drawn. Thus this will help in stabilizing the social situation by having focused on the legal points (Taekema and van der Burg, 2020). The researcher aims to make use of secondary sources as the use of theoretical data that can be easily gathered from legal books, case laws, journal articles, etc so that the paper can be made insightful.
In order to get the research work done in an ethical manner, the researcher will make sure that the sources that are used in the paper get to be authentic in nature. As the paper deals with legal content thus it is of utmost importance that the ethical constraints are taken care of. The researcher aims to consult the guidance that has will offered by the other research scholars in various other research papers. The guidance that has been provided in the instruction file will also be taken care of along with the instructions laid down by the University of South Wales, Socio-Legal Studies Association, and Economic and Social Research Council.
As the paper is totally based on theoretical and raw resources thus the involvement of the participants will also be restrained which will ease the writer in protecting the ethics of the paper. Case laws that have already been published and are available in the public domain will be used based on the subject matter so that the researcher can be free from the liability of taking permission for having used the names on the cases. Thus it will help the researcher to add quality content to the paper without having breached the ethics for the execution of the paper. Having used the ESRC ethics checklist the writer has made sure that no ethical areas are left unchecked for the successful execution of the paper.
In the subject of this research paper, the publication will include a total legal analysis and guidance to be provided to the state authorities about human rights and the humanitarian actors in order to manage and implement the international human rights law under international humanitarian law in order to protect the rights of the person affected by the armed conflict in Afghanistan (Jo, 2018). This research will highlight the complementary application of these two legal aspects, and it does not happen objective to cover all the relevant aspects but rather provide them overview operates concurrent applications in Afghanistan to pause the Taliban recapture. This also includes the necessary legal background and analysis of the relevant factors and oceans to provide an understanding of the relevant laws and their application in case of armed conflicts
The objective of international human rights law and international humanitarian law is common, but it has different historical and doctrinal roots for protecting the persons grounded on the principles of well-being human dignity, and life (Murray, 2019). From a legal perspective, both the international human rights law and international humanitarian law I need sources depending upon the international treaties have to be reinforced in order to complement the implementation of these factors in Afghanistan and what The United Nations is required to make the newly formed Taliban government abide by the law.
Armed Non-State Actors in Afghanistan
Korishetti (2022) mentioned that the size and the structure of ANSAs in Afghanistan have not yet been comprehended as there are no such commentators and consensus that defines the relationship that prevails between the both. The emergence of the Taliban in the year 1990 took place in the Northern Part of Pakistan and lead to the withdrawal of the Afghan troops. The rate of control of the Taliban quickly got spread throughout the country although they initially started from southwestern Afghanistan the rate of spread was said to be huge. Azad (2019) discussed that by the end of 1996 the Taliban’s got to capture Kabul, the capital of Afghanistan. However, more than 90% of the country was said to be under the capture of the Taliban by the end of 1998. There were some countries like Pakistan, United Arab Emirates, and Saudi Arabia that considered the Taliban’s stand as a legitimate government in Afghanistan (Niyo, 2021). Furthermore, this thought of the countries got changed when the Taliban took over the position by having defeated the military in the year 2001 by a US-led coalition.
After this defeat, there prevailed a situation of insurgency that stood against the government that was elected during the election of 2002. The intensity of the insurgency gradually started to grow with each passing year (Elbahy, 2019). The UN Assistance Mission described this situation by calling it "anti-government elements" as it involved each individual along with the armed groups that belonged from various backgrounds, command structures, and motivations. This character was thus recognized by the UN as that of the characteristics of the Taliban. However, the nature of the relationship that this group has with its neighboring country, Pakistan is yet to be identified. Querton (2022) stated that the US has roughly sketched the size of the group as they estimated it to be around 25000. The group started to hold sway in the eastern and southern parts of the country in the year 2009 and 2010 and further started to attract the urban areas.
Trinkunas (2021) believed that the groups of Taliban were led by Mullah Omar, a person who was considered to control the group from the outset. The group of Al Qaeda is said to have been weak as compared to the Taliban as the former group has had a major reduction in the number of members which was a group of 50 men by the end of 2010. The relationship built between both groups is yet to be comprehended (Gill and Szabo, 2020). However, in the contemporary world due to the conflicts that the civilians got to suffer the armed non-state actors were held to be liable. According to the views of Amnesty International, it has been found that the insurgent groups in Afghanistan have had very little respect for the laws of war and human rights as they targeted the civilians deliberately and made them suffer from their ill-treatment.
Afghanistan is again increasing the impact of non-state armed groups and their barbarity which is not complying with the humanitarian law dynamics. However, this move is not registered by America, and they tried to control the situation in their own way. Clément, Gei and Pfeifer (2021) explained that the US forces deployed to Afghanistan to control the situation and remove the Taliban, who were controlling the country then. In the first phase of Taliban-controlled Afghanistan, the non-Muslims are killed, and the woman was forced to be under house arrest, raped, and publicly asserted. Sadiq and Ali (2022) mentioned that in actuality the issues regarding international humanitarian law and the human rights violation in armed conflicts are constantly debated in the United Nations Security Council resolutions and United Nations Human Rights Council discussions. Thus, it has been found that Afghanistan being near to the Soviet Union, then the USSR tried to put influence the control in Afghanistan by putting its confidence as the chief of the country.
ANSAs are considered to be the recognition seekers as they get involved in armed conflicts that get to have a high potential to get the notice in front of the recognition-granters. There were many platforms from which the ANSAs had the potential to gain recognition which includes NGOs, non-state actors, etc. Koehnlein and Koren (2022) highlighted that for a better understanding of the recognition policy of ANSAs it is pertinent to understand the circumstances under which they can make it possible. This group held the agenda to grab the attention of the economically motivated members so that they can be capable to get into violence for the fulfillment of the agenda of the group. They tried to possess the power of autonomy that was related to politics, resources, infrastructure, and military operations.
International Human Rights Law
The international human rights law is a reflection of inter Alia in the Universal Declaration unit for protecting human rights. Furthermore, it also includes the international human rights treaties and customary international law such as the "International Covenant on economic, social-cultural rights and optional Protocol", "The convention of the elimination of all forms of discrimination against women and its optional protocol", "The convention of right of the child and it's two optional protocols”, “the International Convention for the protection of all persons from enforced disappearance” (Bellal, Giacca and Casey-Maslen, 2021).
The above treaties and conventions, along with various regional treaties for protecting human rights and fundamental freedoms, are required to be read and analyzed for restoring the human rights of Afghan post-Taliban recapture. De Schutter (2019) stated that along with that the resolutions adopted by the General Assembly of the Security Council and Human Rights Council in the United Nations, various case laws by the treaty bodies for the special procedure in certain events for protecting human rights, declarations guiding principles is required to be adapted and thoroughly investigated to trigger the legality to abide the non-state armed group for its responsibility to keep the rights of the citizens protected.
International humanitarian law with its power of customary and treaty rule provides effective protection to civilians. Morgera (2018) explained that the commentators are of the opinion that the IHL has partial protection to provide to the civilians as it has a limited ambit that is only applicable in necessary nexus that is related to the armed conflict. Thus in Afghanistan, this rule helps by interfering with the rights of civilians, that including the right to freedom of assembly, freedom of expression, education, food, health, systematic gender-based violence, and work. It is highly questionable that the ANSAs of Afghanistan work for the well-being of the civilians as they negate the fact that they have liable to bind the terms and conditions that are associated with human rights.
Alongside International humanitarian law, international human rights law also has the power to bind the members at the time of armed conflicts. Joseph (2020) put forward that this situation is applicable in both situations be it international or non-international as it has been approved and has been confirmed in many situations before the International Court of Justice (O’Brien, 2022). Some states in Afghanistan that are associated with the military operations stated against the fact that the applicability of human rights law is extraordinarily applicable as a reply to the activities of the armed forces of the states.
Lane (2018) explained that the treaties of Human Rights are used as characteristics that help in setting the norms that make use of the power to regulate the relationship that is created between the individuals and state that comes under the jurisdiction of the states (McGregor, Murray and Ng, 2019). The commentators have thus stated that such kind of human right treaties is neither considered to be adequate nor intended for the regulation of the conflicts that take place between the armed opposition and the state (Smith, 2022). The human rights law does not specify the term in which it states to be focused on non-state actors.
Berro Pizzarossa (2018) demonstrated that the Judicial or quasi-judicial organs are found to execute their powers within the specific jurisdiction that relays based on the behavior of the state. However, the most relevant Human rights treaties that are best used for the regulation of the armed forces have been enshrined under Article 4 of the Optional Protocol to the Convention on the Rights of the Child. This particular Article binds Afghanistan with the legal obligation on the parties of the state so that they can take care of the children and make sure that they are not recruited by the armed forces unless they attain the age of 18 years.
As per the Special Representation made on Children in Afghanistan it was found that the Taliban did involve children under 18 in the armed conflicts (Bradley, 2018). Thus the country has been listed in the 8th report for having violated the rules of the Convention, as stated by the Secretary-General. However, the Security General restrained from taking any significant action in this regard by having applied the Operational Protocol due to some unknown reasons (Sullivan, 2018). The fact that the practice of such affairs as done by Afghanistan is highly offensive and the armed groups involved in the practice by known to have the obligation to follow the norms as they have legal bindings to do so.
International Humanitarian law
Gisel, Rodenhäuser and Dörmann, (2020) stated that International humanitarian law is a set of rules which are made to limit and reduce the effect of armed conflict on people, be it civilians or any person who is no longer participating in the conflict. This law is required to be investigated indeed because there are so many people in Afghanistan who has helped The US troops and other Forces and voluntary organization operating, who are being killed by the Taliban now, who are no longer participating in the conflict (Jayaputra and Nurcahyawan, 2020). In this case, the laws such as “ The Geneva Convention (I) for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field”, “The Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War”, “The Protocol Additional to the Geneva Conventions and relating to the Protection of Victims of International Armed Conflicts (Protocol I)”, “The Protocol Additional to the Geneva Conventions and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II)”. These laws and conventions are made in order to protect the humanitarian approach toward the person, which was highly breached in Afghanistan after the exit of U.S. forces.
Chu (2019) highlighted that the armed conflict in Afghanistan at the present is taken into control by the treaty and customary rules that are applicable for the armed conflicts relating it to the non-international character. The conflicts in Afghanistan have been moved through the last three phases with the onset of 2001. In the first phase, the situation was led by Afghanistan as they tried o invade the US in October 2001. The then situation gave rise to a great degree of violence between the Northern Alliance forces and the Taliban government as it led to armed conflict of the characters that was non-international by nature. Nasution (2018) explained that in the second phase the US headed the attack as a reaction to the conflict against the Taliban which further continued as an international armed conflict. This conflict was thus made to be governed by treaty and customary rules. Davison (2018) explored that with this regard the scholars of various journal articles raised a question which states if during this phase the Al Qaeda operation can be counted as part of this international conflict or is considered as a separate non-international armed conflict.
Sassòli (2019) discussed that after having addressed the first two phases the third phase deals with the occupation of the country, Afghanistan led by the US and some other foreign forces. However, according to Common Article 2 of the Geneva Convention, this occupation initiated international armed conflict among the nations. There is no relevant data or record that proves to answer the question that when the occupation did have an end.
Hajjar (2019) stated that the application of Common Article 3 is done as a significant part of customary international law. This article is used to regulate the process of hostilities. Some of the commentators have a difference in opinion on this prospect as they stated that this article is used only for the purpose of providing protection to the person who is said to fall under the control of the parties who are directly involved and are relevant for the process of hostilities (Solis, 2021). However, this article can be stated to have direct relevance with the fact that regulates the situation that causes violence to life and person; thus it is considered that Common Article 3 has an indirect link with the conduct of hostilities. In the first instance, it is found to work for the protection of the victims who suffer due to the conflict. Fleck (2021) mentioned that the commentators thus are of the opinion that after having done a close study of the article it can be found that the purpose of the study is way more than what it defines in the first instance.
Gleick (2019) discussed that for the applicability of Common Article 3 the existence of armed conflict that takes place between the two non-international characters gets to occur in the territory of the party that is highly contracting by nature. As it can be found in the case laws that are related to the International Criminal Tribunal for the Former Yugoslavia there are two definite criteria that need to be satisfied which include, that any ANSA must be a part of an organization that is known to be an integral part of the conflict that takes place under the international law and the other criteria are the existence of protracted armed violence within the state that involves in this process.
In the given case scenario, the applicability of the above-mentioned law is highly questionable. The members of the non-state armed group it's not just the people fighting for a cause; rather, they are marked as terrorist organizations (Gaston, 2019). The United Nations and no other country can force them to think, neither expect to make them oblige under any regulation because of their radical and primitive thinking. Some of the top leaders, such as the current home minister of Afghanistan, are some of the most wanted criminals, according to the FBI. The leader of the Taliban is also blacklisted by the United Nations not just for opposing human rights violations and humanitarian laws but for a lot of issues like reading hatred, engaging in a conspiracy, engaging in terrorist activities, mass executions, and others.
In this assessment, the researcher has tried to discuss both international human rights laws, as well as international humanitarian law as the explanation of these two laws, was of utmost importance so that the paper can promote and create a link with the international norms of the international legal system. These laws have further been used in the context of armed non-state actors in Afghanistan so that the legal outlook of the researcher can easily be understood by the readers.
The researcher through this research paper is trying to discover the clarity of the context of the paper. The researcher has tried to discuss the legal aspects of the international legal system. Based on the aims and objectives of the research paper the researcher has also jotted down the questions that will be addressed in the final paper so that the purpose for the execution of the paper is served. The researcher has discussed various factors of the paper in the literature review chapter and has stated the views and ideas of the scholars regarding this subject matter. In the methodology chapter, the researcher has also tried to identify and utilize the most suitable methods so that the legal research can be successfully executed. Having used all the relevant thoughts and ideas the researcher has put forward the thought of how the ethical constraints will be taken care of during the formation of the final paper.
Proposed Research Timetable and Heading of the Chapters
Submission of the Research Proposal to the Coordinator of the Dissertation
Allocation by the supervisor, making initial contacts
First meeting with academic supervisor for clearance of the doubts regarding the proposal
Revision of the proposal as per the requirement
Identification and research of the sources
Selection of the sources for research insights
Meeting with the supervisor
Aim to submit the draft of chapter 1
Aim to submit the draft of chapter 2
Meeting with the supervisor regarding the rework of chapter 1
Christmas break- complete and draft the literature
Completion of the draft of chapter 3 and meeting the supervisor regarding the regard of chapter 2
Drafting and submission of chapter 4
Drafting chapter 5
Rework chapters 3 and 4 after meeting the supervisor
Drafting chapters 6 and 7
Meeting supervisor for rework of chapters 6 and 7 and final write up
Final submission of the paper after proofreading, printing, binding
The execution of this dissertation will be done on the basis of the title which is further consisting of the abstract, acknowledgment, and relevant chapters. The references of the sources will be done based on Harvard guidance. The contents of the final paper will be as follows.
Chapter 1: Introduction
- Definition of non-state armed groups
- The first phase of Taliban-controlled Afghanistan
- The objective of international human rights law
Chapter 2: Research Methodology
- Doctrinal Research
- Socio-legal research
- Pluralism in legal research
Chapter 3: Literature Review
- Armed non-state actors concerning Afghanistan
- International human rights law
- International Humanitarian law
Chapter 4: Exploring Laws and Legislation
- The Law of Treaties
- Contemporary Customary International Law
- Sedition, civil war, rebellion, belligerency, and insurrection
- Unilateral Declarations, Special Agreements, and Codes of conduct
Chapter 5: Socio-Economic Perspectives
- Getting the non-state armed actors engaged in Peace-building
- Impact of Economic and Social Council on Humanitarian Affairs
- Impact on the demography
Chapter 6: Armed non-state factors
- The legal definition of armed non-state actors
- Sections, Articles rely on the findings of the research paper
Chapter 7: Summary of the paper
- Amoroso, A.M., 2018. Should the ICC Assess Complementarity with Respect to Non-State Armed Groups? Hidden Questions in the Second Al-Werfalli Arrest Warrant. Journal of International Criminal Justice, 16(5), pp.1063-1091.
- Azad, S., 2019. Peacebuilding between state and non-state actors: A comparative case study of Afghanistan and Colombia. 2019 NCUR.
- Bellal, A., 2020. What Are ‘Armed Non-State Actors’? A Legal and Semantic Approach. In International Humanitarian Law and Non-State Actors(pp. 21-46). TMC Asser Press, The Hague.
- Bellal, A., Giacca, G. and Casey-Maslen, S., 2011. International law and armed non-state actors in Afghanistan. International Review of the Red Cross, 93(881), pp.47-79.
- Benda-Beckmann, K.V. and Turner, B., 2018. Legal pluralism, social theory, and the state. The Journal of Legal Pluralism and Unofficial Law, 50(3), pp.255-274.
- Berro Pizzarossa, L., 2018. Here to stay: the evolution of sexual and reproductive health and rights in international human rights law. Laws, 7(3), p.29.
- Bradley, S., 2018. Domestic and family violence in post-conflict communities: International human rights law and the state’s obligation to protect women and children. Health and human rights, 20(2), p.123.
- Carment, D. and Belo, D., 2020. Non-state actors and conflict management in an era of grey zone conflict. In Routledge Handbook oF Peace, Security and Development(pp. 138-148). Routledge.
- Chu, J.A., 2019. A clash of norms? How reciprocity and international humanitarian law affect American opinion on the treatment of POWs. Journal of conflict resolution, 63(5), pp.1140-1164.
- Clément, M., Geis, A. and Pfeifer, H., 2021. Recognising armed non-state actors: Risks and opportunities for conflict transformation. In Armed non-state actors and the politics of recognition(pp. 3-29). Manchester University Press.
- Coetsee, D. and Buys, P., 2018. A doctrinal research perspective of master’s degree students in accounting. South African Journal of Higher Education, 32(1), pp.71-89.
- Davison, N., 2018. A legal perspective: Autonomous weapon systems under international humanitarian law.
- DCAF, G.C., 2011. Armed Non-State Actors: Current Trends & Future Challenges. The Geneva Centre for the Democratic Control of Armed Forces.
- de La Bourdonnaye, T., 2020. Greener insurgencies? Engaging non-State armed groups for the protection of the natural environment during non-international armed conflicts. International Review of the Red Cross, 102(914), pp.579-605.
- De Schutter, O., 2019. International human rights law. Cambridge University Press.
- Diab, N.I., 2020. Targeting Members of Non-State Armed Groups in NIACs: An Attempt to Reconcile International Human Rights Law with IHL’s (De Facto) Status-Based Targeting. In International Humanitarian Law and Non-State Actors(pp. 321-349). TMC Asser Press, The Hague.
- Elbahy, R., 2019. Deterring violent non-state actors: Dilemmas and implications. Journal of Humanities and Applied Social Sciences.
- FEKETE J, 'INTERNATIONAL LEGAL PROTECTION OF HUMAN RIGHTS IN ARMED CONFLICT'  Documents numériques Gestion de contenu
- Fleck, D. ed., 2021. The handbook of international humanitarian law. Oxford University Press.
- Fortin, K., 2018. Which legal framework applies to deprivation of liberty by non-State armed groups and do they address the particular challenges when detention is conducted by non-State armed groups?. Available at SSRN 3370980.
- Gaston, E., 2019. Legal pluralism and militia regulation: international, domestic, and community accountability frameworks for sub-state forces in Afghanistan. Journal of Afghan Legal Studies, 2(1396), p.2017.
- Gill, T.D. and Szabo, K.T., 2020. Twelve Key Questions on Self-Defence against Non-State Actors–And Some Answers. In Israel Yearbook on Human Rights, Volume 50 (2020)(pp. 167-205). Brill Nijhoff.
- Gisel, L., Rodenhäuser, T. and Dörmann, K., 2020. Twenty years on: International humanitarian law and the protection of civilians against the effects of cyber operations during armed conflicts. International Review of the Red Cross, 102(913), pp.287-334.
- Gleick, P.H., 2019. Water as a weapon and casualty of conflict: freshwater and international humanitarian law. Water Resources Management, 33(5), pp.1737-1751.
- Hajjar, L., 2019. The Counterterrorism War Paradigm versus International Humanitarian Law: The Legal Contradictions and Global Consequences of the US “War on Terror”. Law & Social Inquiry, 44(4), pp.922-956.
- Heffes, E. and Frenkel, B.E., 2017. The international responsibility of non-state armed groups: in search of the applicable rules. Goettingen J. Int'l L., 8, p.39.
- Heffes, E. and Somer, J., 2020. Inviting Non-State Armed Groups to the Table. Inclusive Strategies Towards a More Fit for Purpose International Humanitarian Law. Briefing Note. Centre for the Study of Armed Groups.
- Heffes, E., 2022. International human rights law and non-State armed groups: The (de) construction of an international legal discourse. In Research Handbook on Human Rights and Humanitarian Law(pp. 265-287). Edward Elgar Publishing.
- Heffes, E., Kotlik, M. and Ventura, M., 2020. International Humanitarian Law and Non-State Actors. TMC Asser Press.
- Henckaerts, J.M. and Wiesener, C., 2020. Human Rights Obligations of Non-State Armed Groups: An Assessment Based on Recent Practice. In International humanitarian law and non-state actors(pp. 195-227). TMC Asser Press, The Hague.
- Ho, P., 2022. Debunking the Chinese unitary state via legal pluralism: Historical, indigenous and customary rights in China (1949–present). World Development, 151, p.105752.
- Jayaputra, R. and Nurcahyawan, T., 2020, December. Protection of UN Staff in Armed Conflict Areas in Afghanistan. In The 2nd Tarumanagara International Conference on the Applications of Social Sciences and Humanities (TICASH 2020)(pp. 942-948). Atlantis Press.
- Jo, H., 2018. Compliance with International Humanitarian Law by Non-State Armed Groups: How Can It Be Improved?. In Yearbook of International Humanitarian Law Volume 19, 2016(pp. 63-88). TMC Asser Press, The Hague.
- Joseph, S., 2020. International human rights law and the response to the covid-19 pandemic. Journal of International Humanitarian Legal Studies, 11(2), pp.249-269.
- Kharel, A., 2018. Doctrinal legal research. Available at SSRN 3130525.
- Koehnlein, B. and Koren, O., 2022. COVID-19, state capacity, and political violence by non-state actors. Journal of Peace Research, 59(1), pp.90-104.
- Korishetti, S., 2022. Challenges to state control of territory: Comparative analysis of Yemen, Afghanistan and Myanmar. Asian Journal of Comparative Politics, 7(1), pp.115-131.
- Lane, L., 2018. The horizontal effect of international human rights law in practice: a comparative analysis of the general comments and jurisprudence of selected United Nations human rights treaty monitoring bodies. European Journal of Comparative Law and Governance, 5(1), pp.5-88.
- Mamiya, R., 2018. Engaging with Non-state Armed Groups to Protect Civilians: A Pragmatic Approach for UN Peace Operations. International Peace Institute..
- McGregor, L., Murray, D. and Ng, V., 2019. International human rights law as a framework for algorithmic accountability. International & Comparative Law Quarterly, 68(2), pp.309-343.
- Mégret, F., 2020. Detention by Non-State Armed Groups in NIACs: IHL, International Human Rights Law and the Question of the Right Authority. In International Humanitarian Law and Non-State Actors(pp. 169-194). TMC Asser Press, The Hague.
- Moffett, L., 2020. Violence and repair: The practice and challenges of non-State armed groups engaging in reparations. International Review of the Red Cross, 102(915), pp.1057-1085.
- Morgera, E., 2018. Dawn of a New Day: The Evolving Relationship between the Convention on Biological Diversity and International Human Rights Law. Wake Forest L. Rev., 53, p.691.
- Murray, D., 2019. Organizing Rebellion: Non-State Armed Groups under International Humanitarian Law, Human Rights Law, and International Criminal Law Tilman Rodenhauser. International Review of the Red Cross, 101(910), pp.377-382.
- Nasution, A.R., 2018, December. Terrorism a Socio-Legal Study of Terrorism Acts in the Perspective of Human Rights and International Humanitarian Law. In Talenta Conference Series: Local Wisdom, Social, and Arts (LWSA)(Vol. 1, No. 2, pp. 321-328).
- Niyo, J.J., 2020. Non-State Armed Groups and the Power to Detain in Non-International Armed Conflict. Israel Law Review, 53(1), pp.3-33.
- Niyo, J.J., 2021. The Rebel with the Magnifying Glass: Armed Non-State Actors, the Right to Life and the Requirement to Investigate in Armed Conflict. In Yearbook of International Humanitarian Law, Volume 22 (2019)(pp. 63-106). TMC Asser Press, The Hague.
- O’Brien, M., 2022. International human rights law. In International Conflict and Security Law(pp. 255-276). TMC Asser Press, The Hague.
- Pfeifer, H., Geis, A. and Clément, M., 2022. The Politics of Recognition, Armed Non-State Actors, and Conflict Transformation.
- Prawoto, N., Priyo Purnomo, E. and Az Zahra, A., 2020. The impacts of Covid-19 pandemic on socio-economic mobility in Indonesia.
- Querton, C., 2022. Non-State Actors of Protection and the Sliding Scale of Protection for Refugee Women. Refugee Survey Quarterly.
- Quintin, A. and Tougas, M.L., 2020. Generating Respect for the Law by Non-State Armed Groups: The ICRC’s Role and Activities. In International Humanitarian Law and Non-State Actors(pp. 353-386). TMC Asser Press, The Hague.
- Rodenhäuser, T., 2018. Organizing rebellion: Non-state armed groups under international humanitarian law, human rights law, and international criminal law. Oxford University Press.
- Sadiq, M. and Ali, I., 2022. Non-State Actors, Sub-Conventional Warfare, and India-Pakistan Nuclear Crisis Stability/Instability. Journal of Asian and African Studies, p.00219096221108736.
- Sassòli, M., 2019. International humanitarian law: Rules, controversies, and solutions to problems arising in warfare. Edward Elgar Publishing.
- Schröder, C., König, J., Fedorets, A., Goebel, J., Grabka, M.M., Lüthen, H., Metzing, M., Schikora, F. and Liebig, S., 2020. The economic research potentials of the German Socio-Economic Panel study. German Economic Review, 21(3), pp.335-371.
- Smith, R.K., 2022. International human rights law. Oxford University Press.
- Solis, G.D., 2021. The law of armed conflict: international humanitarian law in war. Cambridge University Press.
- Sullivan, D., 2018. The public/private distinction in international human rights law. In Women's Rights Human Rights(pp. 126-134). Routledge.
- Taekema, S. and van der Burg, W., 2020. Legal philosophy as an enrichment of doctrinal research part I: Introducing three philosophical methods. Law and Method, (January).
- Tarasevich, L., 2020. Participation of Non-State Armed Groups in the Formation of Customary International Humanitarian Law: Arising Challenges and Possible Solutions. Humanitäres Völkerrecht, Journal of International Law of Peace and Armed Conflict, 3(1-2).
- Trinkunas, H., 2021. Recognition of armed non-state actors: What we have learned and what lies ahead. In Armed non-state actors and the politics of recognition(pp. 257-269). Manchester University Press.
- Ventura, M.J., 2020. Automatic Criminal Liability for Unlawful Confinement (Imprisonment) as a War Crime? A Potential Consequence of Denying Non-State Armed Groups the Power to Detain in NIACs. In International Humanitarian Law and Non-State Actors(pp. 149-168). TMC Asser Press, The Hague.