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Extraterritorial Use of Force Against Non-State Actors$
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Noam Lubell

Print publication date: 2010

Print ISBN-13: 9780199584840

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199584840.001.0001

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Status of Individuals and the Regulation of Force

Status of Individuals and the Regulation of Force

(p.135) 6 Status of Individuals and the Regulation of Force
Extraterritorial Use of Force Against Non-State Actors

Noam Lubell

Oxford University Press

This chapter delves into the content of the rules applicable to extraterritorial armed conflicts against non-state actors. Detailed attention is given to the status of individuals under international humanitarian law, and whether members of armed groups should be considered as civilians or combatants. This includes examination of the notions of direct participation in hostilities and unlawful combatants. Following this, the chapter examines challenges in the humanitarian law rules regulating force against non-state actors, in the context of both large scale and small scale operations.

Keywords:   combatants, civilians, direct participation, unlawful combatant, armed group, proportionality, human shields, covert operations

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