Alternative to the Existing Rule of Attribution for Use of Force by Non-State Actors in an Armed Conflict

Abstract

There is considerable literature to suggest that non-state actors in armed conflicts often function independently and form strategic partnerships with external (or third) states with common goals in return for material benefits such as procurement of arms and training. This article seeks to make an empirical analysis of the existing armed conflicts to ascertain the kind of relationship that armed non-state actors have formed with externally supporting states. The existing rule of attribution of ‘effective control’ would be inappropriate if it can be established that the relationship between the non-state actors and the externally supporting states is not that of a principal and an agent. If non-state actors are independent in their functioning and approach in an armed conflict, it is important to directly regulate their conduct under the law.