USE OF FORCE AGAINST NON-STATE ACTORS: ‘JUSTIFYING THE RIGHT OF SELF DEFENCE’

Abstract

Non-State Actors include organizations or individuals who are not affiliated nor funded by any agency of the Government. Non-State Actors are entities such as influential organization and at times individuals who have the potential to influence the actions of state actors. Non-State Actors lack allegiance to any statei . There is a growing scenario wherein Countries are faced with Attacks from Non-State Actors. The threats include Armed Attack, Cyber-attacks, Terrorism, Drone Surveillance, holding citizens of a sovereign hostage etc. This had led to the insurgence of the Right to Self-Defence against Non-State Actors. This involves the state from which the Non-State Actor is issuing such threats. The state which invokes the right of Self- Defence needs to overcome the obstacle of providing an explanation as to how the use of self- defensive force within the territory of the host-state will not infringe the sovereignty of the host stateii. It is difficult to rationalize the involvement (of host state) with Non-State Actors, in some cases it could considered to be a breach of due diligence, at times attribution and in others complicity of host state w.r.t providing refuge to the Non-State Actor. The Author puts forth a suggestion that in these instances where there is a lack of positive law, such acts of self-defence can be justified on the basis of ‘Circumstances precluding Wrongfulness’ iii . The author will further justify actions under self-defence, provide instances wherein infiltration into host states was involved and international ramifications of such an event. Finally, the author will delimit such acts, which can be undertaken by states under the blanket of the right of Self-Defence.