Non-state actors in non-international armed conflicts and IHL: to engage or not to engage?

Abstract

This study is conducted to find out in what ways compliance with international humanitarian law (IHL) by non-state actors can best be improved. Therefore the study first looks into the traditional framework of IHL that currently exists. The gaps in the applicable law, implementation mechanisms and enforcement mechanisms will be identified. Consequently a variety of new creative mechanisms that aim to improve compliance with IHL by non-state actors will be described. These mechanisms are different in initiator, the aspect it aims to change and actors involved. For the mechanisms that are not implemented yet the study looks into the advantages and disadvantages these mechanisms could have. For the mechanisms that have already been implemented the study looks into their results. Based on all the gathered information about the (possible) effectiveness of the new mechanisms a conclusion will drawn as to which type of mechanism is most promising to make non-state actors comply with IHL.