This monograph examines and analyses the phenomenon of non-binding instruments (also known as 'soft law') in the law of armed conflict, or international humanitarian law. It covers the benefits and drawbacks for States and non-States actors as well as their effectiveness and development in the context of armed conflict.

The human rights of communities in many resource-rich, weak governance States are adversely affected, not only by the acts of States and their agents, but also by powerful non-State actors. Contemporary phenomena such as globalisation, privatisation and the proliferation of internal armed conflict have all contributed to the increasing public influence of these entities and the correlative decline in State power. This book responds to the persistent challenges stemming from non-State actors linked to extractive industries. In light of the intersecting roles of multinational enterprises and non-State armed groups in this context, these actors are adopted as the primary analytical vehicles. The operations of these entities highlight the practical flaws of existing accountability regimes and permit an exploration of the theoretical challenges that preclude their direct legal regulation at the international level. Drawing insights from discursive democracy, compliance theories and the Pure Theory of Law, the book establishes a conceptual foundation for the creation of binding international obligations addressing non-State actors. Responding to the recent calls for a binding business and human rights treaty at the UN Human Rights Council, and the growing influence of armed non-State actors, the book makes a timely contribution to debates surrounding the direction of future developments in the field of international human rights law.

What norms and principles guide the Afghan Taliban in their conduct of hostilities? The author focuses on the Layeha, a Code of Conduct issued by the highest Taliban authority. Interviews with Taliban members were conducted to understand their perception of the Layeha, which is modeled as a 'one-way mirror.'

This volume offers new practical and theoretical perspectives on one of the most complex questions regarding the formation of international law, namely that actors other than states contribute to the making of customary international law. Notwithstanding the International Law Commission’s valuable contribution, the making of customary international law remains riddled with acute practical and theoretical controversies that continue to be intensively debated. Making extensive reference to the case-law of international law courts and tribunals, as well as the most recent scholarly work on customary international law, this volume provides a comprehensive study of the contribution of international organisations and non-state actors to the formation of customary international law. With innovative tools and guidance for law students, legal scholars, and researchers in law, as well as legal practitioners, advisers, judges, arbitrators, and counsels, this collection is essential reading for those wishing to understand and address contemporary questions of international law-making.

There is a sprawling scholarship on violence, crime, and corrupt state rule; yet few have interpreted these challenges as transformative at the global scale and as a potential source of alternative, non-state, legitimacy. This volume challenges "Westphalian conservativism" in a provocative yet plausible manner, shedding light at the ubiquity and diversity of unfolding non-state agendas and at their effect on the imagined state community. Focusing on civil war parties, warlords, commercial providers of security, multinational companies and criminal organizations, the book directs attention to theoretical questions and policy challenges arising from non-state armed expansion. To accomplish this, the contributors present a range of case studies and comparisons within three thematic sections: the first takes stock of how, when, and in what measure state and state-system legitimacy are challenged by non-state violent or criminal activity; the second addresses the nature, effectiveness, and side-effects of different state-mandated reaction to non-state activities; and third focuses on the recombination of state and non-state actors contributing to processes of socio-political transformation. This volume provides a current analysis of different armed and violent actors encroaching on the state's monopoly of violence. It seeks to spark debate about global political change and will be of interest to students and scholars of global governance, global security, and international relations.

Building upon a range of case studies that range from civil war to maritime security and cyber crime, the contributors analyse how non-state actors can and should be involved in contributing to state and human security.