State Obligations towards the Conduct of Armed Non-State Actors in the Perspective of Due Diligence Principle

Abstract

The state is a main responder in international law in general and in international human rights law in particular from the state-centred point of view. Thus, on the one hand, some acts of private actors, including armed non-state actors may be attributed to the state. On the other hand, the state has an obligation to protect its citizens and other human beings on its soil from the harmful acts of private actors, including armed non-state actors, through its due diligence duty and by taking necessary steps. By employing descriptive and analytical methods of research, this article examines as to whether the state is able to fulfill its obligations to protect its people within its territory and the capacity of states to fulfill such obligations in an armed conflict. This article shows the practical challenges of states in fulfilling their obligations in an armed conflict due to the acts of armed non-state actors within the territory of states and the function of transnational armed groups across national boundaries. Nevertheless, this article illustrates how states can ensure the protection of international law through a realistic approach of legal, as well as non-legal, measures before and after the armed conflict.