Humanizing irregular warfare : framing compliance for nonstate armed groups at the intersection of security and legal analyses
New battlefields, old laws : critical debates on asymmetric warfare
New York : Columbia University Press, 2011
This chapter begins by showing how new challenges of regulating nonstate armed groups in armed conflict has eroded the original balance at the core of humanitarian law between state's national security interests and humanitarian priorities to reduce unnecessary suffering for all victims of conflict. It then explores how nonstate armed groups, by adopting an asymmetric strategy calculus that treats compliance with the law as a tactical vulnerability, have succeeded in leveraging compliance in their favor and, in turn, co-opted conventional incentives for increasing compliance, such as relaxed combatant status in Additional Protocol I.