... specifically, it considers the existing rules and paradigms of international law and proposes a new framework for the treatment of nonstate actors in armed conflicts. To this end, the chapter looks at two elemental humanitarian law precepts—the distinction between combatants and civilians and the link between...

... interpretation of Article 44(3) of Additional Protocol I to the Geneva Conventions. It also considers the application of the principle of distinction between civilians and combatants in international armed conflicts and concludes by discussing the idea of reciprocal rights and duties as they apply to nonstate...

... as young as 16 years old detained at Guantanamo Bay, the chapter highlights the problematic breaching of the two main protected-status positions—combatants and civilians—when children become involved in armed conflicts. It also considers how contemporary humanitarian law deals with child terrorists, along...

... and their asymmetrical tactics, such as the targeting of civilians. These gaps also embolden weaker, nonstate combatants to exploit forbidden strategies and violate the laws of war. Attuned to the contested nature of post-9/11 security and policy, this book juxtaposes diverse perspectives on existing laws...

...This chapter examines the assertion that the traditional law of armed conflict should be amended to allow fighters from nonstate entities who would not otherwise meet the requirements for combatant status to gain that status if they comply with the law-of-war requirements for combatants. It argues...