Enkeltpersoner i ikke-statlige opprørsgrupper: lovlige mål på grunn av medlemskap eller funksjon?

Abstract

The Norwegian Armed Forces are today organized mainly as a response force, and used as a political tool in armed conflicts, operating under mandate of the UN Security Council. The enemy we are facing in these conflicts is not necessarily the traditional army of another state, but often non-state actors organized as armed groups. International Humanitarian Law (IHL) has traditionally focused on armed conflict between states. Non-international armed conflicts are for a number of reasons less developed as treaty law. As a consequence several aspects of IHL regarded as customary law in international armed conflicts are put to the test in non-international armed conflicts such as in Afghanistan. One of the debated issues regarding IHL in non-international armed conflicts is the status of fighters, especially those belonging to a non-state party to the conflict. Are they civilians that must be protected unless and fore such time they directly participate in hostilities, or do they by virtue of their membership in an organized armed group qualify as lawful targets? This study aims to identify applicable law regarding to what extent members of non-state armed groups are lawful targets in armed conflicts. The study will hopefully contribute to increased focus on a part of humanitarian law which, especially in non-international conflicts, appears to be unclear.