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Record W1604787373

The Regulation of Armed Non-State Actors: Promoting the Application of the Laws of War to Conflicts Involving National Liberation Movements

2009· article· en· W1604787373 on OpenAlexaboutno aff
Noelle Higgins

Bibliographic record

VenueMURAL - Maynooth University Research Archive Library (National University of Ireland, Maynooth) · 2009
Typearticle
Languageen
FieldSocial Sciences
TopicGlobal Peace and Security Dynamics
Canadian institutionsnot available
Fundersnot available
KeywordsInternational humanitarian lawPolitical scienceUse of forceLawState (computer science)RatificationInternational lawRules of engagementLaw of warArmed conflictJus ad bellumLaw and economicsSociologyPolitics
DOInot available

Abstract

fetched live from OpenAlex

The regulation of armed non-state actors is a challenge to the state-centric international law paradigm. The vast majority of international legal instruments which impact the regulation of armed actors are open to ratification by states only. This leads to the unfortunate situation in which armed nonstate actors often fall outside the remit of international law and their use of force and, indeed, the use of force against them, is left unregulated, which can only be to the detriment of combatants and civilians alike. However, there is an emerging trend, led by the International Committee of the Red Cross (ICRC) and non-governmental organizations (NGOs) such as Geneva Call, to accommodate non-state actors under the international humanitarian law (IHL) framework. This article seeks to investigate how non-state actors, specifically national liberation movements, are and could be regulated by IHL. It seeks to give an overview of the relevant legal provisions and illustrates the difficulties faced by national liberation movements if they do wish to accede to IHL instruments and apply IHL in their conflicts. As it is the aim of IHL to protect both combatants and civilians in armed conflicts, it is important that this body of law is practically applied and implemented in all conflict situations to the greatest extent possible. However, in the past, national liberation movements have encountered difficulties when seeking to apply IHL to their conflicts due to the nature of the legal framework and, indeed, the nature of international law itself. International law, the body of law that governs states in their relationships with one another, generally struggles to accommodate non-state actors. The international legal instruments dealing with the laws of war, namely the Geneva Conventions of 1949,1 the Hague Regulations of 1907,2 and more modern international conventions seeking to regulate weapons such as the Ottawa Treaty of 1997 banning landmines,3 were all drafted by states with the regulation of states in mind. These instruments almost exclusively limit ratification to states and do not allow for the accession of non-states. This means that non-state actors, including national liberation movements, face many difficulties when seeking to be bound by and apply IHL provisions in their conflicts, thus limiting the protection available to those fighting and caught up in these conflicts. However, non-state actors are active in various theatres of war and it is therefore vital that a realistic IHL framework that accommodates non-state actors be formulated.

Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.

How this classification was reachedexpand

Full frame machine prediction

Teacher imitation

Not calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.

metaresearch head score (Codex)0.017
metaresearch head score (Gemma)0.018
Version: metacan-v3-hybrid-931329e0061cValidation status: machine_predicted_unvalidated
Candidate categoriesnone
Consensus categoriesnone
DomainCandidate signal: none · Consensus signal: none
Study designCandidate signal: Not applicable · Consensus signal: none
GenreCandidate signal: Empirical · Consensus signal: none
Teacher disagreement score0.017
Threshold uncertainty score0.088

Distilled classifier scores by category (both heads)

CategoryCodexGemma
Metaresearch0.0170.018
Meta-epidemiology (narrow)0.0000.000
Meta-epidemiology (broad)0.0000.001
Bibliometrics0.0010.001
Science and technology studies0.0050.024
Scholarly communication0.0120.008
Open science0.0020.009
Research integrity0.0060.007
Insufficient payload (model declined to judge)0.0030.001

Machine scores (provisional)

The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.

Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.

Opus teacher head0.019
GPT teacher head0.269
Teacher spread0.250 · how far apart the two teachers sit on this one work
Validation statusscore_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from it

Classification

machine, unvalidated

Machine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.

The models applied no category: nothing in the taxonomy fit this work.
Study designNot applicable
Domainnot available
GenreEmpirical

How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".

Quick stats

Citations4
Published2009
Admission routes1
Has abstractyes

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