Abstracts Law

Thinking war in the 21st century: Introducing non-state actors in Just war theory

by Noorda HA

“Thinking War in the 21st Century” develops a theory of war applicable to conflicts with non-state actors such as the “Islamic State”. Just war theory traditionally focuses on states as actors in war. This book moves beyond this narrow lens, arguing that active individual members of organized collectives with a political aim and receiving some level of popular support should be considered analogous to state-combatants and be assigned similar rights, duties, and obligations under the principles of war. It addresses the main themes for establishing conditions for the application of the principles of war to conflicts with non-state actors, including sovereignty of states, the discrimination principle, and prisoner of war status. Additionally, it urges for assigning criminal law protections to non-combatants associated with non-state actors, primarily focusing on suspected terrorists subjected to preventive measures such as travel bans and asset freezes. With the recognition that such constraints can infringe on one’s ability to lead a free and autonomous life, it argues that some of these constraints require similar protections as their counterparts that put persons under lock and key. By developing a theory for the regulation of state responses to non-state combatants and civilians associated with non-state violence, this book aims to bring philosophy of war in accord with the reality of current conflicts involving non-state actors.