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Law of armed conflict; international criminal law; military intervention; law of war; war crimes; united nations; international tribunals; international criminal court; nigeria; syria; iraq; boko haram; isis; humanitarian law; human rights; international law
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The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson
The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson
Brooklyn Law Review
This article examines how terror non-states, such as ISIS and Boko Haram, blur the distinctions between non-state actors and states under international law. Terror non-states’ confounding of this dichotomy undermines the efficacy of international human rights law in the territories that they control, complicates responsive foreign military intervention, and confuses the appropriate legal framework that governs armed conflicts in which they are involved. This article assesses these challenges and makes recommendations from a perspective that gives primacy to the protection and liberation of vulnerable populations. The article recommends that the United Nations Security Council pass a resolution that mandates that …