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Helena Torroja Editor

Public International
Law and Human Rights
Violations by Private
Military and Security
Companies
Public International Law and Human Rights
Violations by Private Military and Security
Companies
Helena Torroja
Editor

Public International Law and

Human Rights Violations by
Private Military and Security
Companies
Editor
Helena Torroja
Law School
University of Barcelona
Barcelona, Spain

ISBN 978-3-319-66097-4 ISBN 978-3-319-66098-1 (eBook)

DOI 10.1007/978-3-319-66098-1

Library of Congress Control Number: 2017960886

© Springer International Publishing AG 2017

This work is subject to copyright. All rights are reserved by the Publisher, whether the whole or part of
the material is concerned, specifically the rights of translation, reprinting, reuse of illustrations,
recitation, broadcasting, reproduction on microfilms or in any other physical way, and transmission
or information storage and retrieval, electronic adaptation, computer software, or by similar or
dissimilar methodology now known or hereafter developed.
The use of general descriptive names, registered names, trademarks, service marks, etc. in this
publication does not imply, even in the absence of a specific statement, that such names are exempt
from the relevant protective laws and regulations and therefore free for general use.
The publisher, the authors and the editors are safe to assume that the advice and information in this
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Printed on acid-free paper

This Springer imprint is published by Springer Nature

The registered company is Springer International Publishing AG
The registered company address is: Gewerbestrasse 11, 6330 Cham, Switzerland
Foreword

This book, edited by Professor Helena Torroja, grew out of her ongoing
commitment to the mandate of the Working Group on the use of mercenaries
(OHCHR), with which she has actively collaborated since shortly after its creation
by the Human Rights Commission in 2005 (Res. 2005/2).
The Working Group has benefited from her expertise with various activities
carried out in fulfillment of our mandate, according to which we are to monitor
mercenaries in all their manifestations and study mercenary-related trends and
activities in different parts of the world and their impact on human rights,
particularly on the right of peoples to self-determination. The collaboration
has primarily focused on the part of the mandate concerning the impact of the
activities of private military and security companies (PMSCs) on these rights
and the regulatory frameworks governing such companies around the world,
including their gaps, shortcomings, and good practices.
The present book was undertaken at the initiative of Professor Torroja in
response to the growing concern of the international community over the threat
posed by the criminal activities of mercenaries to peace and security in developing
countries, particularly in conflict zones. It likewise aims to address concerns
over the role played by PMSCs, which have diversified their activities from the
provision of military assistance, consultancy, and security services to other areas
in which they also affect the enjoyment of human rights and are rarely held
accountable for human rights violations.
The work of the experts invited to participate, all of whom have extensive
experience in the study of these phenomena, reflects the urgent need to make
effective progress on the strengthening of the international legal framework
for both phenomena at a time when, as recognized by the Human Rights
Council in its Resolution on the Working Group, “armed conflicts, terrorism,
arms trafficking and covert operations by third Powers encourage, inter alia, the
demand for mercenaries and for private military and security companies on the
global market” (Res. 33/4 de 2016).

v
vi Foreword

Every chapter of the book draws on exhaustive research presenting diachronic

analyses and considering the social and legal reality of mercenarism and the
activities of PMSCs. The reality of how these companies operate in specific
situations, the serious human rights violations in different states and operational
contexts, and the analyses of the national and international legal context in which
these nonstate actors operate repeatedly point to gaps and weaknesses and an urgent
need to strengthen national and international regulatory frameworks.
Indeed, together the chapters by Felip Daza, Rebecca DeWinter-Schmitt,
José Luis Gómez del Prado, Mario Laborie, Carlos López, and Helena Torroja
make up one of the most comprehensive publications on the phenomena
of mercenarism and PMSCs, constituting an important contribution to our
understanding of these phenomena and the means of improving the protection
of human rights in different scenarios.

Member of the United Nations Working Patricia Arias

Group on the Use of Mercenaries,
United Nations Human Rights Council
Geneva, Switzerland
30 June 2017
Acknowledgments

This book grew out of the research project Toward an International Regulation of
the New Forms of Mercenarism: Support for the Regulatory Developments Pro-
posed by the United Nations Working Group on the Use of Mercenaries (2014),
conducted at CEI International Affairs (University of Barcelona) under the direc-
tion of Professor Helena Torroja and funded through a grant from the International
Catalan Institute for Peace (ICIP). The project first gave rise to a report for the UN
Working Group, which was subsequently publicly debated at the international
seminar Human Rights and New Forms of Mercenarism: Violations, Limits and
Opportunities of the International Legal System, held on April 21, 2017, which was
coorganized by CEI-International Affairs and NOVACT and cosponsored by the
City of Barcelona and Palau Macaya-Obra Social la Caixa. Additional support was
provided for the project’s final publication from the City of Barcelona through a
grant under the 2016 Barcelona Solidarity Program to CEI-International Affairs,
NOVACT, and the Delas Center for Peace Studies for the project STOP CORPO-
RATE WAR: Promoting Research, Social Mobilization and Advocacy in Catalonia
and at the International Level to Prevent Modern Wars. Special thanks should also
be given to Kari Friedenson and Thomas Bell for their translation of most of the
chapters.

vii
Contents

Introduction . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Helena Torroja
Afghanistan and Syria: Nonstate Actors and Their Negative Impact
on Human Security . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
Mario Laborie
Delimitation and Presence of PMSCs: Impact on Human Rights . . . . . . 31
Felipe Daza
The Ineffectiveness of the Current Definition of a “Mercenary”
in International Humanitarian and Criminal Law . . . . . . . . . . . . . . . . . 59
José L. Gómez del Prado
Private Military and Security Companies and Human Rights . . . . . . . . 83
Carlos Lopez
International Soft Law Initiatives: The Opportunities and Limitations
of the Montreux Document, ICoC, and Security Operations
Management System Standards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 105
Rebecca DeWinter-Schmitt
Ideas on the International Minimum Standard for the Privatization,
Export, and Import of Armed Coercion . . . . . . . . . . . . . . . . . . . . . . . . . 127
Helena Torroja
Conclusions . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 155
Helena Torroja

ix
Introduction

Helena Torroja

Abstract The present study clearly and thoroughly shows the consequences for the
realization and enjoyment of human rights of the new mercenarism, as channeled
through so-called private military and security companies (PMSCs). It also offers
an overview of the evolution and current status of the legal and nonlegal (soft law
and self-regulation) initiatives that seek to limit it. Finally, it offers pragmatic solu-
tions to promote consensus among states regarding an international instrument to
limit and control PMSCs.

The issue of PMSCs has been examined extensively in recent years and from a
variety of research traditions. With the aim of contributing new ideas to the debate,
this book explores the concerns that we were able to identify after years of study
and collaboration with the UN Working Group on the use of mercenaries. One
fundamental concern was how the privatization of the very core of sovereignty
(armed force), for the primary purpose of its exportation, could be taking on an
increasingly transnational scope without any international limits or control. Was it
not possible to identify a set of international limits on which states could agree with
a view to preventing and limiting the consequences of this phenomenon for
peace and the enjoyment of human rights?
To answer these questions, we initiated a collaboration with the aforementioned
Working Group, proposing that a report be drafted with a view to identifying the
human rights implications of PMSC practices, determining the current status and
limits of existing norms and soft-law initiatives of recent years, and presenting
new ideas and proposals for international regulation. The present book grew out of
that report, submitted in December 2016 to the UN Working Group on the use of
mercenaries.
We began with three questions. First, how is the issue of PMSCs related to
human rights and to what extent? This is not an innocent question. On the country, it
is intended to respond to the position of some states on the Human Rights Council

H. Torroja (*)
Law School, University of Barcelona, Barcelona, Spain
e-mail: [email protected]

© Springer International Publishing AG 2017 1

H. Torroja (ed.), Public International Law and Human Rights Violations by Private
Military and Security Companies, DOI 10.1007/978-3-319-66098-1_1
2 H. Torroja

that have argued that it is not the right forum to address the subject as PMSCs are
essentially a matter of armed force and not of human rights.1 We sought to deter-
mine whether that was true or, on the contrary, there exists a direct relationship
between the privatization of armed force and the enjoyment of human rights.
The second question was intended to verify the adequacy, or lack thereof, of the
existing regulations for PMSCs (both hard law and soft law). Are these regulations,
along with recent practice, enough to prevent, limit, and control the human rights
violations resulting from the privatization of armed force, especially when it is
exported?
Finally, we asked whether it was still possible for states to join forces to promote
an international consensus on minimum legal principles that could be formally
adopted with a view to limiting and controlling the phenomenon. To this end, it was
necessary first to identify what this international minimum standard would
consist of.
Thus, the first two chapters of the book seek to answer the first question and deal
with practical aspects of the phenomenon. In his chapter, “Afghanistan and Syria:
Non-State Actors and Their Negative Impact on Human Security,” Mario Laborie
offers an in-depth look at the presence of nonstate actors in those two failed states.
In providing detailed, highly systematized information about the factual reality, he
makes an important contribution. In the case of Afghanistan, he highlights the
presence of progovernment groups, including (a) militias, paramilitary groups,
and auxiliary police forces (the largest being the Khost Protection Force or KPF)
and (b) PMSCs and the Afghan Public Protection Force (APPF). Mostly local,
many of these PMSCs are led by members of the Afghan government, close
relatives of the political elite, or warlords and, in practice, function as militias at
the service of a given warlord who may even have contacts with the insurgents,
whom he pays off to avoid confrontations. In addition to these groups, there are the
insurgents: the Taliban; Al-Qaeda and its Uzbek affiliates, the Islamic Movement of
Uzbekistan and the Islamic Jihad Union; the Haqqani Network; Hezb-e-Islami
Gulbuddin; and Daesh. The conflict in Syria also features numerous nonstate
armed actors (NSAAs), including (1) militias; (2) mercenaries and PMSCs
(in particular, Russian private security contractors, such as those employed by the
company Slavonic Corps); and (3) foreign combatants and terrorists.
In the chapter “Delimitation and Presence of PMSCs: Impact on Human Rights,”
Felipe Daza delimits the presence and services provided by PMSCs and analyzes
their impact on human rights. The study is based on the findings of the Shock
Monitor monitoring center, an international research initiative undertaken by
NOVACT that has analyzed 385 PMSCs and 108 human rights incidents that
have taken place since 2000. This is also a valuable contribution, given the lack

1
The western delegations (including the EU and Norway, among others) argued that, as an issue
involving the use of armed force, it should be dealt with by the Sixth Committee of the General
Assembly rather than the Human Rights Council (see: Gómez del Prado JL, Torroja H (2011),
pp. 62–63).
Introduction 3

of research on the ground in this field. In it, Daza highlights the transnational nature
of these private corporations. The countries that were home to the largest number of
the analyzed PMSCs were the US, the UK, Israel, France, the UAE, Cyprus, and
South Africa, among others. The main PMSC home countries were also the
countries most likely to contract their services. Although governments are currently
still PMSCs’ main clients, the extractive and energy industries are increasingly
contracting their services as well. With regard to these services, most of the
transnational companies Shock Monitor analyzed perform both security and mili-
tary functions (74%); therefore, the PMSC concept best reflects the industry’s
essence. The main services provided by the 385 PMSCs analyzed were security
and protection (283); intelligence (163); consulting and training for police (154);
military operational support (97); construction and maintenance of military infra-
structure (87); military logistics support (83); maritime security (51); provision,
maintenance, and disposal of weapons/explosives (47); others (legal support,
hijacking management, etc.) (45); military assistance (29); mine clearance and
demining (19); quasi-police tasks (18); humanitarian aid (11); provision and main-
tenance of surveillance systems and remote control (6); and combat and military
operations (4). The most important territorial countries were Afghanistan and Iraq.
In the section “Impact on Human Rights,” the author reports that the human rights
most frequently violated were as follows (expressed as the percentage of analyzed
cases affecting each category): the right to physical and psychological integrity,
including the right to life and the right to fair and humane treatment (84%);
civil and political rights (41%); international crimes (25%, most taking place in
the context of the occupation of Palestine); labor rights (7%); the rights of the child
(15); rights related to equality and nondiscrimination (1%); the right to privacy
(0.05%); and the right to health (1%).
As these chapters show, the phenomenon of PMSCs does indeed have a direct
impact on respect for human rights. The following chapters thus seek to answer the
second question: are current regulations limiting this phenomenon sufficient and
complete? In “The Ineffectiveness of the Current Definition of a ‘Mercenary’ in
International Humanitarian and Criminal Law,” José Luis Gómez del Prado defines
the concept of mercenarism and identifies the international norms that regulate it,
concluding that they are not applicable to today’s PMSCs. The chapter is premised
on the idea that these companies are the new mercenaries, an idea disputed by
influential states such as the US, the UK, Australia, Canada, the Netherlands, and
Switzerland, which take a contrary view. Their strategy has been to draft recom-
mendations and voluntary international codes of conduct. This process began in
2006, with the preparation of the Montreux Document (2008), which contains
guidelines and good practices for PMSCs, albeit only when they are operating in
armed conflict situations, and concluded in 2010, with the adoption of the Inter-
national Code of Conduct for Private Security Service Providers (ICoC) and the
founding of the ICoC Association (ICoCA), which has six member states and
around 100 PMSCs that are contributing members. The author notes that these
documents mask revolving doors between governments and PMSCs in the countries
where the major security industry multinationals are located, as well as the profits
4 H. Torroja

they generate and the interests they create. Consequently, he argues that the defi-
nition of “mercenary” found in international treaties is not applicable to PMSCs.
Nor can the definition of “mercenary” be applied to individual PMSC contractors.
The universally accepted strict definition, found in Article 47 of the 1977 Addi-
tional Protocol I to the 1949 Geneva Conventions, is contained, mutatis mutandis,
in all the international treaties on mercenarism currently in force, including the
1989 International Convention against the Recruitment, Use, Financing and Train-
ing of Mercenaries. In practice, it is difficult to apply for several reasons, including
the excessive emphasis placed on motivation, which is difficult to demonstrate, the
requirement that the individual be recruited for the purpose of fighting in an armed
conflict and the requirement that he or she not be a national of any of the parties to
the conflict. In short, the types of mercenarism that may have been relevant in the
1960s have ceased to be so today. Legally, existing conventional laws on the prohi-
bition of mercenaries are inoperative. The Montreux Document and the ICoC
do not contain appropriate mechanisms for regulation, monitoring, supervision,
accountability, and access to effective remedies by victims for the activities of
PMSCs. The author thus concludes that it is necessary and urgent to adopt a binding
international instrument to regulate and supervise PMSCs’ activities.
In “Private Military and Security Companies and Human Rights,” Carlos López-
Hurtado seeks to identify the nexus between the international human rights system
and PMSCs in order to identify the regulatory and protection gaps. The chapter is
premised on the obligation of states under general international law and the inter-
national treaties they have ratified to respect and protect human rights. It examines
general international law concerning state responsibility for the human rights
violations committed by PMSCs based on the International Law Commission’s
2001 draft Articles on Responsibility of States for Internationally Wrongful Acts.
The author argues that it is difficult for corporations to be considered state agents
(Draft Article 4), although the OAS has adopted a broader concept of “agent of the
state” at the regional level. He draws special attention to the Committee against
Torture’s position, which links the nature of the activity being performed with the
public or private nature of the agent. He concludes that Draft Article 5 is similarly
difficult to apply due to the lack of consensus regarding what constitutes “govern-
mental authority,” as is Draft Article 8, as the mere act of contracting a PMSC is not
enough for its acts to be considered acts of the state. Following this analysis, the
author examines the different means and methods for attributing and enforcing the
liability of PMSCs. He finds that while companies’ legal liability for human rights
offenses is more widely accepted and developed today than it was two decades ago,
it remains insufficient. Finally, he looks at issues arising from the transnational
nature of business, such as the problem of the liability of parent companies for the
acts of their subsidiaries, or the jurisdictional scope of national courts. He concludes
by stressing the need to fill existing international gaps.
In the next chapter, “International Soft Law Initiatives: The Opportunities and
Limitations of the Montreux Document, ICoC, and Security Operations Manage-
ment System Standards,” Rebecca DeWinter-Schmitt offers an overview of the soft
law and self-regulation mechanisms affecting these companies and how they have
evolved. The chapter details the evolution of the two parts of the Swiss initiative:
Introduction 5

the Montreux Document and the ICoC/ICoCA. Indeed, it is written from the per-
spective of PMSCs and thus offers a certain defense of the self-regulation system,
known by its proponents as “co-regulation.” DeWinter-Schmitt highlights the
intrinsic gaps and irregular subsequent application (as reported in the Montreuxþ5
study) of the Montreux initiative and notes the creation, in 2014, by the Swiss
government, the ICRC, and DCAF (a Swiss government research center) of a forum
of states supporting the Montreux Document, with DCAF serving as the Secretariat.
Of the relatively small number of participating states (53), most are northern or
developed countries (36). Its limitations include a lack of oversight mechanisms,
other than discussion. With regard to the ICoC, the author highlights the establish-
ment, in 2013, of the ICoC Association (ICoCA), which was set up as a Swiss
nonprofit association.
Finally, the last chapter seeks to answer the third question, regarding the possi-
bility of identifying the minimum international legal principles limiting the privat-
ization of armed force for which there is a consensus among states. While
De-Winter Schmitt in some ways defends the sufficiency of the soft law system
despite its gaps, in the chapter “Ideas on the International Minimum Standard for
the Privatization, Export, and Import of Armed Coercion,” Helena Torroja advo-
cates the need to recognize an international minimum standard of state action with
regard to the privatization, export, import, and contracting of PMSCs. Torroja
argues that states should recognize the existence of such an international minimum
standard. She considers self-regulation (intentionally misleadingly called “co-regu-
lation” by some) to be insufficient. This international minimum standard could be
established through an international convention, which would address minimum
requirements and would not be as long or detailed as the possible draft convention
presented by the Working Group on Mercenaries in 2010. The purpose of the con-
vention would be to promote respect for human rights in the processes and prac-
tices of outsourcing, contracting, exporting, and importing armed coercion by
states. Were it not possible to reach a consensus on the adoption of an international
treaty, the adoption of this minimum standard should at least be promoted as part of
the content of a UN General Assembly resolution.
The final chapter, consisting of the conclusions and written by the editor, Helena
Torroja, lays out the main findings of each of the preceding chapters, highlighting
the key takeaways with regard to the quest to incorporate the limitation of the
privatization of armed force into international law. In short, it defends a lawful
coercive sovereignty, i.e., one that conforms to the rule of law.

Reference

Gómez del Prado JL, Torroja H (2011) Hacia la regulación internacional de las empresas militares
y de seguridad privadas. Marcial Pons, Barcelona, pp 62–63
6 H. Torroja

Helena Torroja is tenured Professor of Public International Law at the Law School, University
of Barcelona. She is also Academic Director of the International Studies Center (UB, Spanish
Foreign Affairs Department and Caixa Banc, www.ceibcn.com) and Consultant of the UN Human
Rights Office of the High Commissioner on PMSC and human rights.
Afghanistan and Syria: Nonstate Actors
and Their Negative Impact on Human Security

Mario Laborie

Abstract This chapter offers an in-depth look at the presence of nonstate actors in
those two failed states. In the case of Afghanistan, he highlights the presence of
progovernment groups, including (a) militias, paramilitary groups, and auxiliary
police forces (the largest being the Khost Protection Force or KPF) and (b) PMSCs
and the Afghan Public Protection Force (APPF). Mostly local, many of these
PMSCs are led by members of the Afghan government, close relatives of the
political elite, or warlords and, in practice, function as militias at the service of a
given warlord who may even have contacts with the insurgents, whom he pays off
to avoid confrontations. In addition to these groups, there are the insurgents: the
Taliban; Al-Qaeda and its Uzbek affiliates, the Islamic Movement of Uzbekistan
and the Islamic Jihad Union; the Haqqani Network; Hezb-e-Islami Gulbuddin; and
Daesh. The conflict in Syria also features numerous nonstate armed actors
(NSAAs), including (1) militias, (2) mercenaries and PMSCs (in particular,
Russian private security contractors, such as those employed by the company
Slavonic Corps), and (3) foreign combatants and terrorists. As both cases show,
in these “internationalized non-international armed conflicts,” as they are known
under IHL, the direct participation in hostilities of NSAAs negatively impacts all
aspects of human security, making them one of the main threats to peace and
stability. The central government loses control of large parts of the territory, leading
to the collapse of central government structures, as they can no longer guarantee
citizens essential services related to security, health, education, or infrastructure. As
a result, populations organize around prestate political structures, which develop ad
hoc agreements to manage the affairs of an environment without state sovereignty.
As in medieval Europe, there is a return to tribal logic and to temporary warlords,
reprivatization of the law, and renewed confusion between economic exploitation
and political dominance. Thus, the massive presence of various types of NSAAs has
increased the level of violence in both Syria and Afghanistan.

M. Laborie (*)
Eurocorps, Strasbourg, France
e-mail: [email protected]

© Springer International Publishing AG 2017 7

H. Torroja (ed.), Public International Law and Human Rights Violations by Private
Military and Security Companies, DOI 10.1007/978-3-319-66098-1_2
8 M. Laborie

1 Introduction

War, understood as organized violence that brings societies in political dispute into
conflict, has been a mainstay of human history. Today, wars can still be found in
large areas of the world. In 2014, 40 armed conflicts were ongoing in 25 places
around the world—although only 11 reached a threshold of intensity of at least
1000 combat-related fatalities in a single year. The data suggest that while the threat
of war between states has declined, conflicts within states, arising from the different
natures and divergent interests of their own communities and ethnic groups, have
increased. In 1946, 47% of conflicts were intrastate conflicts; in 2014, the figure
was 100%.1
Contemporary domestic conflicts, whose main victims are civilians, have been
called “new wars” by Kaldor2 and “anarchic” conflicts by the International Com-
mittee of the Red Cross3 (ICRC). These are chronic, armed confrontations, in which
anarchy and chaos reign, involving a complex blend of disparate ethnic, political,
economic, and religious interests. Every civil war has its own set of characteristics
due to the different human, economic, political, or geographical context in which it
takes place. However, such particularities notwithstanding, Afghanistan and Syria
are both examples of the aforementioned “new wars” or “anarchic conflicts.” As
indicated by its title, this chapter will seek to offer an overview of the main
characteristics of these two ongoing civil wars.
Crucially, both cases involve failed states as the respective governments are
unable to ensure their monopoly on the use of force to the benefit of warlords,
communal groups, militias, paramilitary groups, and insurgents. At the same time,
goods that are essential to the civilian population’s survival are looted and seized.
Violence is becoming an end in itself and is thus perpetuated as a way of life, while
corruption and crime are on the rise.
Both conflicts involve regular military forces and nonstate armed actors
(NSAAs), which, in nearly all cases, engage in brutal violence without the con-
straints established under international humanitarian law (IHL).4 Precisely the

1
Compared to 1990, the number of conflicts in the world has fallen by more than half. However,
while the total number of armed conflicts has declined significantly since the end of the Cold War,
2014 saw the largest number of such conflicts of any year since 1999. Moreover, as a result of the
escalation of various conflicts, as well as the extreme violence in Syria, the number of war-related
fatalities has constantly increased in the period since 1989. Pettersson T, Wallensteen P (2015)
p. 536–550.
2
In the author’s view, the “new wars” are like investment firms in which the different armed groups
profit from the violence, whether in economic terms or because it enables mobilization around
extremist political ideologies. Actual battles are relatively rare; instead, most of the violence is
directed against the civilian population. Kaldor M (2016).
3
International Committee of the Red Cross (ICRC) (2004).
4
In the case of failed states, in terms of international humanitarian law, “only Article 3 common to
the four 1949 Geneva Conventions, which encompasses armed conflicts that take place between
armed factions within a country and in which the government is not involved, as well as those rules
Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human. . . 9

challenge of enforcing IHL is one of the crucial features of both wars. IHL was
created to address conflicts between states, not to manage conflicts in which the
lines between combatants and civilians are blurred, and most of the time illicit
means or modes of combat are used, causing superfluous damage or unnecessary
suffering.
Afghanistan has a long history of corruption, warlords, tribal disputes, and
armed leaders who demand bribes or impose taxes. Loyalties often lie not with
the government but with the most feared leader or highest bidder. At the same time,
since the country’s army and police lack the training and numbers required to
ensure security, the use of armed contractors has become imperative. However, this
solution poses significant dilemmas when it comes to guaranteeing the security of
the Afghan people.
At the time of writing, Syria’s civil war has been raging for more than 5 years; in
this time, the humanitarian disaster has taken on horrifying proportions. Although
the UN stopped counting the number of fatalities in 2013, according to some
estimates, the conflict has left at least 370,000 people dead to date.5 Moreover,
nearly five million Syrians have taken refuge in neighboring countries or Europe,
and at least another 6.6 million have been internally displaced.
In this devastated context, the organized violence in Syria clearly differs from
the “Afghan case” in several ways. The war, which has long since ceased to be a
“mere” domestic conflict, today has all the characteristics of an anarchic conflict.
This view is supported by its delimitation along sectarian lines, whereby, in broad
terms, the Sunni majority (70% of the Syrian population), from which the
insurgents fill their ranks, is opposing the Alawites (11%) and Christians (10%),
the traditional base of Bashar al Assad regime, even as the Kurds pursue their own
agenda. These sectarian divides have facilitated the emergence and development of
multiple NSAAs, which fight each other relentlessly and whose main victims are
civilians.

2 Nonstate Armed Actors (NSAAS) in the “New” Armed

Conflicts

The transformations caused by globalization have weakened states’ ability to

defend their citizens’ interests exclusively. This, in turn, has negatively impacted
the traditional nation-state model, eroding its basic principles of sovereignty,
legitimacy, and shared identity.
In this context, a variety of usually transnational, nonstate armed groups have
turned to violence to achieve their goals, which vary in nature. In other words, as

of customary international humanitarian law that become applicable at the specific threshold of
Common Article 3, are potentially applicable.” Geiss R (2009), pp. 133–134.
5
Taylor A (2016).
10 M. Laborie

opposed to the interstate wars typical of the twentieth century, today we are
witnessing the privatization of the new armed conflicts and the demilitarization of
war. The growing privatization of violence, which poses a major challenge to
states’ monopoly on the legitimate use of force, is essential to understanding the
current state of conflict in the world.6
There is no consensus regarding the definition of a nonstate armed group. On the
contrary, the basic definitions associated with such actors “differ between interna-
tional lawyers, social scientists from different disciplines, and practitioners from
international governmental and nongovernmental organizations.”7
A detailed explanation of this concept falls beyond the scope and aims of this
text. Consequently, this chapter will use the following definition from the UN
publication “Humanitarian Negotiations with Armed Groups: A Manual for
Practitioners”:
[NSAAs] have the potential to employ arms in the use of force to achieve political,
ideological or economic objectives; are not within the formal military structure of States,
State-alliances or intergovernmental organizations; and are not under the control of the
State(s) in which they operate.8

In keeping with this description, it can be deduced that the generic characteris-
tics of the nonstate armed groups acting in Syria or Afghanistan would be, first, the
use of organized violence to achieve their goals, whatever the nature thereof;
second, the multiplicity of armed activities in which they engage and that are
sometimes intertwined with those of the central government or other nonstate
actors; and, third, their lack of a relationship with formal governmental
mechanisms.
With regard to this last point, it should be stressed that the basic subject of
concern is the capacity of some of these groups to replace national armed forces.
The fact that, in certain situations, the governments in Kabul or Damascus them-
selves encourage this delegation of functions merely adds to the matter’s
complexity.
For the purposes of this research, NSAAs can be classified as follows:
• Insur gents or rebel opposition groups: these nonstate groups seek regime change
in a given state. The names they are given generally depend on the political
nature of the conflict. Terms such as guerillas, insurgents, terrorists, and even
criminals are all used, at times to describe the same activity, depending on the
political orientation of the people using them.9

6
Laborie M (2011a).
7
Krause K, Milliken J (2009), p. 203.
8
Mchugh G, Bessler M (2006).
9
It should be recalled that some states have made use of terrorist techniques. Boyle M
(2008), p. 171.
Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human. . . 11

• Paramilitaries: the government provides them with equipment, weapons, and

training to act against rebel groups that threaten the status quo, using similar
tactics to the insurgency’s own. The governments of the countries in which these
paramilitary groups act, in which they are sometimes responsible for massacres
and the killing of civilians, tend to deny having control over them.
• Warlords: these individuals seek to retain control of a territory through a militia
that in reality acts as a “private army” and is usually maintained through the
exploitation of natural resources in the territory under their authority.
• Clan chiefs: these are local authorities that exercise a traditional and legitimate
authority over a given population group. To maintain the group’s security, they
often recruit self-defense forces, which, as in the previous case, can also be
called militias.
• Foreign fighters/combatants: they individuals who travel to a state other than
their state of residence or nationality in order to perpetrate, plan, prepare, or
participate in terrorist acts or to provide or receive training for terrorist purposes,
including in connection with armed conflicts.10 As will be argued below, this
definition can lead to confusion in the application of IHL.
• Mercenary: there is no generally accepted definition of what constitutes a
mercenary. Informally, it is agreed that mercenaries are combatants who meet
three conditions: first, they are foreign to the country where the conflict is taking
place; second, they are primarily motivated by monetary gain; and third, in some
cases, they participate directly in the hostilities.11
• Private military and security companies: these are private business entities that
provide military and/or security services. Military and security services include,
in particular, armed guarding and protection of persons and objects, such as
convoys, buildings, and other places; maintenance and operation of weapon
systems; prisoner detention; and advice to or training of local forces and security
personnel.12

10
United Nations Security Council (2015).
11
These criteria are the basis for the three current official sources providing a definition of
“mercenary”: the 1977 OAU Convention for the Elimination of Mercenarism in Africa; the
1989 International Convention against the Recruitment, Use, Financing and Training of Merce-
naries; and the first Protocol Additional to the Geneva Conventions, from 1977, as part of
international humanitarian law.
12
Definition provided in the “Montreux Document on Pertinent International Legal Obligations
and Good Practices for States Related to Operations of Private Military and Security Companies
During Armed Conflict.” (2008). It is worth noting the restrictive nature of this definition, as the
Montreux Document focuses solely on areas of conflict and not on other areas in which PMSCs
might also operate.
12 M. Laborie

3 The Afghan Case: A Fragmented and Violent

Environment

3.1 The Weakness of the Afghan State After Decades

of Conflict

The case of Afghanistan is paradigmatic as it has all the characteristics of the

aforementioned anarchic conflicts. It is a failed state, insofar as there is no nation as
such and government control does not extend to all provinces.13 This fact is
indicative of the extreme weakness of the state mechanisms available to the
country’s government. Needless to say, this situation is further complicated by
the violent actions of the Taliban and other insurgent groups.
In certain regions, this glaring authority vacuum has been filled by a variety of
NSAAs, who have benefited from the traditional tribal nature of Afghan society.
Feelings of fondness for the tribe, clan, or family remain present in many facets of
the country’s political, economic, and social life. Although its importance varies
from one ethnic group to another, among the country’s Pashtun majority, the tribe
or clan operates as a political and military unit controlled by a leader that shares
responsibility for the crimes committed by its members and, in some cases, acts as
an economic unit in which resources are also shared.
Since the toppling of the Taliban in 2001, the international community has made
an enormous effort to create stable and effective government structures, focusing on
state-building tasks. Specifically, it has sought to establish armed forces and police
capable of gradually assuming the security of their own country.
Despite this effort, which continues today, the future of the Asian country
remains conditioned by a large number of simultaneous challenges related to its,
at best, incomplete governance. From security and the economy to human rights,
the official indicators and reports point to a gradual decline in stability in recent
months. Although the capacity and effectiveness of the central government in
Kabul have significantly increased since 2001, disparities at the local level and,
above all, corruption14 remain widespread. At the same time, the lack of economic
prospects is a multiplier for emigration. Most Afghans are wary of their country’s
uncertain future; as a result, thousands of mostly educated young people leave their
nation each day—many for Europe. All of this harms the country’s governance,
which, in turn, favors the actions of antigovernment groups and, therefore, the
violence they exert.

13
According to the Fragile States Index 2015 (2015).
14
According to Transparency International’s Corruption Perceptions Index 2015 (2015).
Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human. . . 13

3.2 Specific Features of the Afghan Armed Conflict:

Asymmetric Warfare

Since the start of the Western military intervention in Afghanistan, the Afghan
conflict has been considered “asymmetric.” This classification mainly reflects the
existence of considerable inequalities in the military capabilities of the belligerents,
especially in the way in which some or all of them use lethal force without the usual
constraints imposed by IHL.
Such asymmetric conflicts, also known as “irregular” conflicts, are characterized
by a confrontation between the strong and weak in which the two parties use
diametric strategic models—a set of coordinated measures to enable the achieve-
ment of military objectives—to gain superiority over their opponent at a given time
and place. However, the war’s real center of gravity is not the enemy forces but
rather the willingness and support of the civilian population or a sector thereof. This
point is vital to understanding the war’s impact on human security.

3.3 NSAAs in Afghanistan

The withdrawal of most of the international combat forces and the assumption of
full state sovereignty by Kabul in early 2015 marked the start of a new stage in the
Afghan conflict in which the presence of NSAAs is increasingly important.

3.3.1 Progovernment Groups

In 2008, the failure of several efforts to train police forces led to the decision to
develop local armed forces to protect their communities. Prior to that, the Interna-
tional Coalition had opposed helping such forces anywhere in Afghanistan out of
fear of once again creating militias or paramilitary groups that, as in the past, were
not properly controlled by Kabul.
However, the country’s urgent security needs and the apparently successful
experience in Iraq led to the belief that it would be advisable to encourage the
activity of local armed groups to assist the Afghan National Police (ANP) and the
Afghan National Army (ANA) in their security work. The rationale was that,
although they would be operating outside the military or police command struc-
tures, these groups would both free the ANP and ANA from having to perform
certain routine tasks and help to strengthen cooperation with local authorities.
As a result, progovernment armed groups, such as militias, auxiliary police
forces, and private security companies, have emerged as key players in the Afghan
conflict. The term “pro-government armed group” refers to an NSAA with an
internal organizational structure that participates in the conflict and is distinct
from the government forces, rebel forces, and criminal organizations. There is no
14 M. Laborie

legal basis for these armed groups under Afghan law.15 In 2010, the Interior
Ministry estimated that there were no fewer than 2500 unauthorized armed groups
operating in territory under government control.16

3.3.2 Militias, Paramilitaries, and Auxiliary Police Forces

In 2008, shortcomings in the recruiting and training of the national security forces,
coupled with the country’s increasing instability, led the authorities to approve the
creation of local militias to fight the insurgency. Thus, following the model used by
the US in Iraq, the International Coalition formalized several initiatives aimed at
training auxiliary forces based on a given ethnicity, clan, or population while also
placing them, at least in theory, under government control.17
Based on the experience gained in the Provincial Protection Program and City
Stabilization Operations, the Afghan Local Police (ALP) was created in 2012. This
paramilitary body, trained and armed by US special forces and assisted by civilian
contractors, is made up of independent units, some 300 members strong, that
operate in a given local area under the command of a district chief. Each candidate
is vetted by a local shura, as well as by the Afghan intelligence, who authorize the
candidate’s assignment to an ALP unit. Currently, some 28,000 local police officers
assigned to the program are operating in most of the country’s 34 provinces. Almost
without exception, there is a link between the ALP units and the militias, known
locally as Arbaki—based on the former tribal security system18—led by local
warlords, whose loyalty to Kabul is often questionable.19
For the same purposes and in light of the deteriorating security situation, in 2015,
the Afghan government launched the National Uprising Support Strategy to create
progovernment militias in 25 provinces in which the regular forces are largely
absent. In many cases, these militias are linked to members of the government who
have been identified as warlords for decades.20

15
United Nations Assistance Mission in Afghanistan (2016).
16
Report of the Working Group on the Use of Mercenaries as a Means of Violating Human Rights
and Impeding the Exercise of the Right of Peoples to Self-Determination (2010). p. 9.
17
The Daily Star (2010) Afghanistan Recruits Iraq-style Militia Force.
18
For some, the fact that the Arbaki are an Afghan tradition means they are not militia by Western
standards. Militias are made up of people from different walks of life, who have not been properly
vetted. In contrast, the members of the Arbaki hail from specific villages and tribes and must be
approved by the tribal chiefs. Some believe that the Arbaki concept should be restored as a means
of securing Afghanistan, as occurred during the reign of Zahir Shah and in earlier, pre-Communist
times. Seraj A (2014).
19
Munoz C (2015).
20
For example, in early 2016, groups of militia members associated with the vice president, Abdul
Rashid Dostum, and his political party, Junbish-e-Milli, carried out counterinsurgency operations
in the province of Jawzjan. Likewise, Abdul Rasul Sayyaf, another influential politician and an
ethnic Pashtun, has said that former mujahideen, who fought against the Soviet invasion, could
join the fight against the Taliban without government approval. Transparency International (2016).
Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human. . . 15

Since the fall of the Taliban, the CIA has created its own network of militias to
fight the insurgency. The largest is the Khost Protection Front (KPF), a paramilitary
force that is more influential in that province than the national police and army and
that operates outside the regular chain of command. The recruits come from local
tribes and are promised better wages, equipment, and living conditions than in the
Afghan military.

3.3.3 PMSCs and the Afghan Public Protection Force (APPF)

International PMSCs came to Afghanistan, together with the US and ISAF forces,
at almost the same time as the military intervention to overthrow the Taliban. Ever
since, PMSCs have provided multiple services to the international organizations,
NGOs, and other players present in the country, such as risk analysis and planning,
infrastructure security, communication lines and convoys, and field operations
related to demining and logistics support.
However, the number of companies dedicated to guard and to do armed custody
work owned by Afghan citizens increased rapidly following the intervention.21 The
main reasons for the presence of armed contractors were, first, the gradual deteri-
oration of the security situation, with an increasingly active insurgency, and,
second, the need to train the members of the ANA and the country’s police. Thus,
Afghanistan became a major market for PMSCs, many of them led by members of
the Afghan government, close relatives of the political elite, or warlords.22
Although many of this latter group nominally operated through PMSCs authorized
by the Afghan Interior Ministry, in fact they were acting in a vacuum of legal
authority and had conflicting interests with the fundamental objective of building a
solid and efficient government in the country.23
Over time, the media reported numerous cases of abusive and even criminal
conduct by the armed contractors, claiming that the contractors were undermining
international efforts and strengthening the positions of the country’s insurgents. In
2007, then Senator Barack Obama acknowledged this fact, stating, “We cannot win
a fight for hearts and minds when we outsource critical missions to unaccountable
contractors.”24
In light of this situation, on August 17, 2010, then Afghan President Hamid
Karzai signed Presidential Decree 62, requiring all private security companies, both
domestic and foreign, that were operating in the country to cease their operations by

21
De Winter-Schmitt R (2013).
22
For instance, Watan Risk Management was owned by Ahmad Rateb Popal and Rashed Popal,
both relatives of former President Karzai, and NCL Holdings, along with NCL Security, was
founded and chaired by Hamed Wardak, son of former Defense Minister Rahim Wardak. Trans-
parency International (2015).
23
US House Of Representatives (2010).
24
Council on Foreign Relations (2007).
16 M. Laborie

the end of the year. The sole exception to this decree would be contractors to guard
diplomatic delegations and official buildings, provided their activities were limited
to the interior of the corresponding premises. Pressure from the international
community delayed the decree’s entry into force.
Karzai also promoted the creation of a public company, the Afghan Public
Protection Force (APPF), with the aim of taking over the functions hitherto
performed by the PMSCs.
The model followed ever since to recruit the members of this force has, once
again, been that of the old Pashtun Arbakis. The APPF’s members, who operate at
the district level, are chosen by the tribal leaders. Once their candidacies have been
reviewed and approved by the Afghan Interior Ministry, the recruits receive three
weeks of training. By early 2014, the APPF was some 20,000 strong.
The APPF’s current status is, at best, confusing. In March 2014, the Afghan
Interior Ministry ordered the state-run company’s dissolution, indicating that the
“APPF will remain within the scope and mandate of ANP to provide security” and
that the guards’ salaries “will be paid by the Afghan government.”25 In August
2015, the new Afghan president, Ashraf Ghani, signed Presidential Decree
66, which allows US and NATO forces, and their respective contractors, to use
private security guards outside their facilities or if they are providing “direct
support” to the Afghan national security forces. Recent reports by the US Depart-
ment of Defense indicate that there is no record of the current status of the APPF or
whether the company continues to operate and provide security to supply convoys
traveling on Afghan roads.26 In these circumstances, many PMSCs have continued
to operate in the country, either under exceptional licenses or carrying out unarmed
services.27

3.4 Insurgents

Most of the groups that have made up the insurgency in Afghanistan since the fall of
the Taliban regime can trace their roots to the fight against the Soviet invasion in
1979. Many of the main current insurgent leaders are former mujahideen, who, with
US support, fought against the Soviet presence in the country. Following the
USSR’s withdrawal, the country was racked by a bloody war, from which the
Taliban—or “students”—emerged victorious.
The fall of the radical Islamist regime, as a consequence of the international
intervention, was a call to jihad for radical Islamists around the world. Arabs,

25
Foschini, F (2014).
26
Special Inspector General for Afghanistan Reconstruction (2016).
27
In the second quarter of 2016, 872 armed guards were working for the US Department of
Defense in Afghanistan. USCENTCOM (2016).
Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human. . . 17

Caucasians, Central Asians, and Uighurs were drawn by the fight against the
Western presence in the region.
Today, the Afghan insurgency is made up of a wide variety of interrelated/
opposed armed groups, although, from an ideological point of view, they all share
the same ultimate goal of creating an Islamic emirate governed by the principles of
the most extremist and radical Sunnism. These groups have an undeniably national
character, although some also clearly include foreign fighters.
The five main insurgent groups active in the region of the country are the
Taliban; Al-Qaeda and its Uzbek affiliates, the Islamic Movement of Uzbekistan,
and the Islamic Jihad Union; the Haqqani Network; Hezb-e-Islami Gulbuddin; and
Daesh.
In Afghanistan, the alliances and rivalries between the majority-Pashtun Islamist
movements, the largest ethnic group in Afghanistan and Pakistan, are usually
defined by personal motivations and struggles for control of the population and
territory. This is where drug trafficking comes into play, as a source of power and a
means of financing violent activities. In other words, it is extremely difficult to
dissociate drug trafficking from insurgent activities. Moreover, whenever possible,
the illicit trade is spread through the region’s countries by means of legal trade
networks.

4 The Syrian Case: Anarchic War and Sectarianism

From the very start, the Syrian civil war has been characterized by three deeply
interconnected factors that differentiate it from the “Afghan case”: its sectarian
nature, the great ideological fragmentation of the opposition, and its influence on
the geopolitical dynamics affecting the Middle East as a whole. The interplay of
these three factors gives rise to a highly complex panorama, which explains the
conflict’s long duration and cruelty.

4.1 Specific Features of the Syrian Armed Conflict: The War

of All Against All

Despite being almost uniformly Sunni, the rebel opposition to the regime is highly
fragmented, both organizationally and in terms of its objectives. This division of the
opposition, at both the political and military levels, has facilitated the development
of jihadist groups that, over time, have come to predominate the moderate factions.
These Salafi jihadist groups include, among others, Jaish al-Islam, the Islamic
Front, Ajnad al-Sham Islamic Union, and Jaish al-Mujahideen. However, for the
time being, the two jihadist groups that have attracted worldwide attention are
18 M. Laborie

Al-Nusra Front,28 Al-Qaeda’s Syrian branch, and the self-styled Islamic State in
Iraq and the Levant, also known as the Islamic State or Daesh. These groups do not
hesitate to fight each other or, conversely, temporarily unite, as the circumstances
require.
Daesh has gained global notoriety for the brutality of the means it uses to fight
and control the population living in areas under its control. With the help of social
networks and information technology, the dramatic images and radical narratives
instantly reach audiences worldwide. For Daesh, there is no limit to the use of force,
and any form of action is permissible.
This form of unrestricted warfare has its counterpart in the Syrian regime, which
also uses offensive methods that clash with the basic principles of international
humanitarian law.29 It, moreover, fiercely represses any political opposition, and its
prisons have become torture centers.30

4.2 NSAAs in Syria

4.2.1 Militias

The main problem that the Assad regime faces is the lack of personnel to staff its
military forces, which prevents it from sustaining long offensives, as well as from
holding on to conquered ground. Over the course of the war, this problem has
grown more acute due to the number of casualties suffered and the high rate of
desertions among its ranks. As a result, paramilitary forces have become a key asset
for the regime.
In this regard, the National Defense Forces, an umbrella organization encompassing
various progovernment militias consisting of some 60,000 troops, is a vital element for
Damascus.31 Although these forces have participated as shock troops in offensive
operations, their main functions include occupying conquered land and protecting
supply lines and facilities, thereby freeing up the regular army to carry out the main
combat operations.
The regime’s resilience cannot be understood without the support of the Leba-
nese Shiite militia Hezbollah and other Shiite groups, such as the Quds Force—the
special forces unit of the Iranian Revolutionary Guard—or the Iraqi militia Asa’ib
Ahl al-Haq. In March 2014, between 4000 and 5000 Hezbollah militiamen and

28
In July 2016, the leader of the Al-Nusra Front, Abu Mohammad al-Golani, announced that the
organization was cutting ties with Al Qaeda and would be changing its name to Jabhat Fateh
al-Sham (Front for the Liberation of Syria).
29
Maurer P (2014).
30
In an August 2016 report, Amnesty International calculated that, since the conflict began in
2011, almost 18,000 people have died in the regime’s prisons in Damascus. Price M, Gohdes A,
Ball P (2016).
31
Jane’s Sentinel Security Assessment - Eastern Mediterranean (2014).
Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human. . . 19

20,000–30,000 Iraqi Shiite members of Asa’ib Ahl al-Haq32 were fighting in

Syria.33
The Kurdish minority in Syria has also resorted to militias. The withdrawal of
the regular Syrian army from regions with a Kurdish ethnic majority has meant that,
in practice, the People’s Protection Units (YPGs from the Kurdish)—the armed
wing of the Democratic Unity Party (PYD from the Kurdish)—control the main
cities in the northwest of the country. In recent months, fighting between jihadists
and peshmergas, the Kurdish combatants, in northern Syrian enclaves has intensi-
fied, and for the first time there have been clashes between the YPG and
Assad’s army.

4.2.2 Mercenaries and PMSCs

Russia’s direct participation in the Syrian hostilities in support of the Assad regime
is being carried out not only through regular military forces but also via private
security contractors.
In October 2013, the media reported on the participation of some 300 Russian
“mercenaries,” hired by the company Slavonic Corps, in combat operations.
Although technically a private Hong Kong-based company, Slavonic Corps is
considered a branch of the Moran Security Group, a well-known St. Petersburg-
based PMSC. By offshoring this way, the group was able to circumvent Russian
laws prohibiting “private military” activity and “mercenaries.”34 On their return to
Russia, some of these contractors were detained by the authorities for having
engaged in “mercenary activities” in Syria. However, Slavonic Corps seems to
have acted again in 2014, in Crimean territory and in the Ukrainian region of
Luhansk.35
In late March 2016, an investigative piece published by Fontaka, an independent
Russian newspaper, reported that the Kremlin had contracted the members of
another private company, Wagner, to fight in Syria and Ukraine. These contractors
would be handling tanks and heavy weapons as part of Russia’s military forces in
both theaters of operations.36
As Prime Minister, Vladimir Putin called for the legalization of private military
services, arguing that they were a “tool for the implementation of national interests

32
Since the US forces withdrew from Iraq in December 2011, Asa’ib Ahl al-Haq has emerged as
one of the most powerful players in Iraqi political and public life. The group is closely connected
to Hezbollah and has ties with Iran’s supreme leader, Ayatollah Ali Khamenei. Chulov M (2014).
33
Kershner I (2014).
34
The Interpreter (2013) St. Petersburg Sends Contractors to Syria.
35
Galeottin M (2016).
36
Fontanka (2016) In Syria killed dozens of Russian soldiers working for private military
company.
20 M. Laborie

without direct participation of the State.” The Russian authorities could thus use
contractors to send trained military personnel overseas with deniability.37
Wagner, which currently has some 400 contractors, is not legally registered
under Russian law and has no official status in the country—although there is a
branch in Argentina, and it seems to operate a training base in the Russian city of
Molkino.38 In short, although the company is technically private, in fact it operates
as a tool of the Russian government. Thus, in Syria, with the approval and, no
doubt, funding of the Kremlin, Wagner is conducting combat missions, rendering
the use of the term “mercenary” to refer to these activities inappropriate from an
international law perspective. In this regard, it is worth noting that some of
Wagner’s casualties may have posthumously received official Russian awards for
distinguished service, which would seem to support the claim that they were acting
under government direction.39

4.2.3 Foreign Combatants/Terrorists

The conflicts in Syria and Iraq, and, especially, the rise of Daesh, have turned the
region into a beacon for radical Islamists the world over. Thousands of foreigners
have joined the brutal project of Abu Bakr al-Baghdadi, the supreme leader of the
jihadist organization, to create a caliphate spanning all territories once dominated
by Islam. The UN has called these jihadists, who hail from over 100 countries,
“foreign terrorist fighters” and estimates their ranks at 25,000.40
However, this label poses two main problems. First, the term “terrorist” is
ambiguous as it is subject to multiple interpretations.41 It is sometimes used as a
pejorative to avoid considering opponents of the status quo legitimate combatants
under IHL and thereby granting them their recognized rights. At the opposite end of
the spectrum is the idea that a people under foreign occupation or a dictatorship is
entitled to resist and that no definition of terrorism should take away this right.
It is thus preferable to use the notion of “terrorist act” in connection with the
drastic prohibition thereof under IHL, as the term “terrorism” does not express a
legal concept (although it is a criminal behavior) but is rather a combination of
political objectives, propaganda, and violent activities aimed at achieving a specific
goal.42 Terrorist acts can be considered one of the indiscriminate and, therefore,
prohibited ways of conducting hostilities in irregular warfare. In weak states, this

37
Quinn A (2016).
38
Galeottin M (2016).
39
Fitzpatrick C A (2016).
40
Statement by the President of the Security Council on “Threats to international peace and
security caused by terrorist acts.” See Note 10.
41
Sandoz counts 109 different definitions of terrorism. Sandoz Y (2002) p. 321 and 325.
42
Rodrı́guez Villasante y Prieto J L (2007) p. 221.
Afghanistan and Syria: Nonstate Actors and Their Negative Impact on Human. . . 21

type of combat is often just one of the tactics used in the political conflict between
factions.
The second problem arises from the notion of “foreign terrorist fighter” itself.
IHL, which seeks to clarify the status of the actors involved in a war in order to
protect noncombatants, recognizes only two types of legitimate agents in a conflict:
civilians and combatants. There is no third type such as might be inferred from the
label “foreign terrorist.”
The rules of IHL are based on an uncontroversial principle: in any fight against
terrorism involving armed combat, through an armed conflict, the precepts of IHL
unquestionably apply; however, they must not obstruct justice or serve as a pretext
for impunity for war crimes.43

5 Implications for Human Security (HS)

Since the end of the Cold War, a school of thought has gradually gained traction
based on the generic idea that too much emphasis has been placed on states as the
reference point for security and that an alternative discourse should be used that
focuses on individuals and/or social groups. National sovereignty is no longer given
the same importance it received under traditional approaches; instead, there is, at
least in theory, a “global sovereignty,” in which respect for individual dignity
should take precedence over any other consideration. For some, the state is now
viewed as an element generating insecurity.44
At the 2005 World Summit, it was recognized that “all individuals, in particular
vulnerable people, are entitled to freedom from fear and freedom from want, with
an equal opportunity to enjoy all their rights and fully develop their human
potential.”45 The UN thus sought to promote the notion of “human security” as a
radically new way of extending protection to human beings. Challenged by some
politicians and analysts due to its lack of specificity, the concept includes, among
other considerations, the economy, food, health, politics, the environment, and the
protection of individuals and the communities in which they live. In other words,
“human insecurity” is caused by not only direct violence but also other factors
related to underdevelopment and poverty.
In practice, the increasing participation of NSAAs, of all kinds, in today’s armed
conflicts is a step toward the demilitarization of war. As the Afghan and Syrian
cases show, the restrictions on the use of violence established by jus ad bellum and
jus in bello, which are binding on states and their armed forces, disappear, nega-
tively impacting the human security of civilians affected by the fighting.

43
Ibid, p. 253.
44
Laborie M (2011b).
45
United Nations General Assembly (2005).
Exploring the Variety of Random
Documents with Different Content
 BIG BEAUTY
By W. J. Bowman

This giant may puzzle you in several ways. At the first

glance it looks as much like a maze as a cross word
puzzle. You’ll find it a cross word puzzle all right.
1 2 3 4 5 6 7 8 9 10 11 12 13
14 15 16 17 18 19
20 21 22 23 24 25 26 27 28
29 30 31 32 33 34 35
36 37 38 39 40 41 42 43
44 45 46 47 48 49 50
51 52 53 54 55 56
57 58 59 60 61 62 63 64
65 66 67 68 69 70 71 72
73 74 75 76 77 78 79
80 81 82 83 84 85
86 87 88 89
90 91 92 93 94 95 96
97 98 99 100 101 102 103 104 105
106 107 108 109 110 111 112
113 114 115 116 117 118 119
120 121 122 123 124 125 126
127 128 129 130 131 132
133 134 135 136 137 138 139 140 141
142 143 144 145 146 147 148 149
150 151 152 153 154 155 156
157 158 159 160 161 162
163 164 165
[64]

HORIZONTAL

Others 1 Edible
88 bivalve mollusk
Device 5 to carry a gun Nothing
89
Call 10
loudly Bend90
Bends14 Cad 92
Possessive
16 pronoun Sketched
94
Press17for payment Past96
Box 19 Negative
97
Abraham’s
20 birthplace Recesses
99 in walls
Small22davenport By 101
Sing24in a low undertone Inherent
103 power
Average
26 Mixed
105type
Sun 28
god Arid106
Female
29 rabbit Jogging
108 pace
Close31 Tramp
109
Shrub32 Genuine,
111 loyal
Change
34 direction Obtain
112
Automobile
35 Beseech
113
Deliver
36 By 115
Geometric
38 ratio Set116
free
Consumed
39 Unit118
of type
Touch40gently Stout
119
Pronoun
42 Native
120 of Arabia
Paper43containers Head122
Cut feloniously
44 Black
123
Den 46 Wharf
125
Spank48 Child
127
Finished
50 Vehicle
128
Curves
51 Help129
Affectedly
53 precise Catholic
131 sisters
Render
55 senseless Sinless
133
Note134of scale
 Something
56 granted for Snake-like
135 fish
temporary use Before
137
Evil 57 Part138
of verb “to be”
Neuter
58 pronoun Small
140secluded valley
Barren
60 One,142 indef.
Mother
62 Earth
143
Small63child Those
145 who color cloth
Comrade
65 Small
147nail
Slipped
66 River
149(Spanish)
Rock68 Thing
150
Printed
69 piece of paste- City151
in Mass.
board Part153
of head
Catch71(colloq.) A boisterous
154 preacher
For example
73 Preposition
156
Changes
74 Mold157
Prosecute
76 at law Plaything
158
Mean,77 vile Female
160 chicken
Exist79 Frozen
161 particles of
Distorted
80 vapor
Falling
81 water Marks
163
Units83of electrical Provoked
164
resistance Is full
165
Egg 84
of insect
Pastries
86
Ardor87

VERTICAL

Thumps
1 Portion
77
Upon 2 Dirty78
Wireless
3 signal for help Net 80
Paradise
4 The 82
head (slang)
To hasten
5 Aged83
Bone 6 Also85
Low district
7 Humor 91
Edition
8 (abbr.) Bullet92
Intoxicating
9 liquor Half 93
(prefix)
Whirled
10 rapidly Part 95
of “to be”
Cured11pork Time96
Else12 Eye 98
Lachrymose
13 Crustacean
100
exudations A long
101 staff
Small15distance To 102
rage
Fem.16pronoun Buttocks
104
Snare18 Fondle
105
Father
19 Annually
107
Egg 21
masses Snared
109
Appendage
23 Prevents
110
Color24tint Gather
112
Crazy25 A color
114
Unload
27 by tilting Attempt
116
Uncontrolled
28 anger Loose
117outer garment
Necessitate
30 A private
119 quarrel
Walks32with affected By 121
dignity Father
122
Fortress
33 Point
124of compass
Implement
35 of war Within
126
To mend
37 Skeletal
127 piece
Desires
39 To 128
incline
A color
41 Marsh
130
Water43conveyance Narrow
132 opening
Before
45 Christ Rodents
133
Like 47 Ultimate
134
Indef.
49article Caustic
136
Perform
50 Sin137
Alluvial
52 detritus Interweaves
139
Obtains
54 Aspects
141
Without
55 Diminution
143
Grease
56 for frying Small
144mark
Bend57 Not146
west
Row59 Prohibit
147
 Uproar
61 Depression
148
Spoils
62 To 151
obstruct
Tag 64 Negative
152 prefix
Binder
65 stones Color
154
Artfully
66 cunning Fish
155
eggs
Term67 used when Note
157of scale
hunting a criminal Pronoun
159
Criticism
69 Pronoun
160
Noise70 Us 162
Be of72service to
Malicious
74 firing of a
building
Places
75 to store grain

[67]
[Contents]
Puzzle No. 77
 TRY THEM OVER IN YOUR DAILY
CHAT
By Irvan Neckerman

There are several dozen words in this puzzle that

you can use and your best girl won’t know what you
are talking about. This is not misogyny. It merely
supposes that she does not follow cross word
puzzling. Or maybe that is misogyny.
1 2 3 4 5 6 7 8 9 10 11 12
13 14 15
16 17 18 19
20 21 22 23 24
25 26 27 28 29
30 31 32 33 34
35 36 37 38 39 40 41
42 43 44 45
46 47 48 49
50 51 52
53 54 55 56
57 58 59 60 61
62 63 64 65 66 67
68 69 70
71 72 73
[66]

HORIZONTAL

Discover
1 Observes
42
Ordinary
4 language Slacken
44
Story 9 Eighth
45 of a fathom
Knot13 Dressed
46 with
The 14
nobility, ornaments
collectively Heed48
Young15 fish Peruse
50 again
Character
16 in musical With52
less delay
notation Rested
53
Imbecile
18 Squalid
54 place
Agitation
19 Make56turbid
Exclamation
20 Sets58
back
Figurative
21 Adapts
62
Preposition
24 Elevate
64
Vending
25 Equable
65
Gain27superiority Beverage
68
Throw28 with violence Reduce
69
Piece31of ground Cool70
Small33aperture Merriment
71
Serpent
35 Milestone
72
Robbers
37 Boundary
73
Anger40

VERTICAL

Engrave
1 Guard
34
Pits for
2 storing fodder Dry 36
 Bill of3an anchor Color38
Loud 4sound Viscous
39 fluid
Make5over Stock41
Pristine
6 Weapons
43
Apartment
7 Married
45 person
Scene8 of Head 47
Wallenstein’s Any 49
assassination, 1634 Refresh
51
Repeated
10 Earthenware
54
Estuary
11 Pert.55
to one’s birth
Novice12 Brook57
Drop17 Dregs59
Recite19 metrically Head 60(Fr.)
Move 22swiftly School
61
Certain
23 days of Tire 62
months Elevation
63
Seems 26 Contend
66
Compensation
29 Born67
Article
30 of food
Jaded 32
Irritates
33

[69]

[Contents]
Puzzle No. 78
 POLYANGULAR AND POLYSYLLABIC
By Harold E. Vreeland

This constructor managed to fit together a well-joined

construction, central vertebrae and a neat outer shell.
Decorative and full of nice words.
1 2 3 4
5 6 7 8 9
10 11 12
13 14 15 16
17 18 19 20 21
22 23 24 25
26 27 28
29
30 31 32 33
34 35 36 37
38 39 40 41
42 43
44
45 46
47

[68]

HORIZONTAL
 Pale 1 Performing
29 a service
Insignificant
5 part An alloy
30
A circle
7 Wine32
Brag10 Places
34 of confinement
A river
13 in Italy Conjunction
35
Absconders
14 South
37American
A musical
15 note ruminant
A size
17of type A shield
38
To slip
19 Princes
39
Furnished
20 with a To goad
41
guard Seed42of North
Not the
22 same American plant
Refusal
24 Expressing
44 surprise
Do not
25 (Scotch) Brown
45
Divided
26 Decay
46
A richly
28 laden ship A president
47 of Orange
Free State

VERTICAL

A coral1 island Beckonings

20
A native
2 of Pacific The 21
star of dawn
islands Tears
23
A common
3 given Bore25
name (Prefix)
27 through
Saltpeter
4 A bow
28
A maiden
5 loved by Loiter
31
Jupiter Large
33birds
Poem6 A fabric
35 of asbestos
To talk8 nonsense Sad 36
A hypothetical
9 force A short
39 sword
American
10 explosive A counter-irritant
40
for shells Perform
42
 Sacrifice of principle to Spot43
11circumstances
Scientific
12 description
of races
Marrow
13
Compounds
16 of atoms
A Government
17
revenue
Collecting
18 wives

[71]

[Contents]
Puzzle No. 79
 WEDDING RING
By Mil-Wal

The contributors of this construction are husband and

wife. This fact is symbolized by the wedding ring you
see in the middle of the form. Cross-grained cross
worders may complain that the ring is not a solid
mass of words. Well, is a ring ever a solid mass?
1 2 3 4 5 6 7 8 9
10 11 12
13 14 15
16 17 18 19 20
21 22 23 24
25 26 27 28 29 30
31 32 33 34 35 36
37 38
39 40 41 42 43
44 45 46 47 48 49
50 51 52 53 54
55 56 57 58 59 60
61 62 63 64
65 66
67 68

[70]
HORIZONTAL

Slender
1 Indicate
38
Time 5 Heavenly
39 body
Small10boat Female
40 deer
Invades
11 Born42
Healing
13 medicine Consumed
44
Quicken
15 Exclamation
45 of pain
Termination
16 Exist47
Wrap17 Deer48
Beast18of burden Negative
50
To soak
19 in water One51 who dislikes
Preposition
21 Note54of scale
Taut22 Weight
55
Ourselves
24 To gain
57 success
Highest
25 point Tank58
Personal
27 pronoun Distant
60
Therefore
28 White,
61 translucent
Employ
30 Riddle
63
Garment
31 Withers
65
Stir 33 Basket
66
Vessel
35 Depressions
67
Classified
37 Polish
68

VERTICAL

Fat 1 Cry of
32sheep
Tavern2 Calculate
33
Work 3 Open34
Tri-formed
4 Greek Single
36 unit
goddess Crouches
39
Blots 6out Cereal
41
 Large7number Page43of a book
Hole 8 Insect
44
Poems 9 Conjunction
46
Religious
10 singer Part 47
Frozen
12 precipitates Rubbish
49
Anthropoid
14 Some 52
Possesses
15 Time53immediately
Consume
16 preceding
An equal
20 Require
56
Bow23 A small
57 bird
The 26
Ottoman court Periphery;
59 cover
Paris27subway Sign60
Believe
29 Part 62
of “to be”
Talk 30 A command
64 to draft
animals

[73]

[Contents]
Puzzle No. 80
 NOT SO DIFFICULT
By Robert S. Holzman

The beginner should have a good time with this neat

construction. There are no lurking terrors in the wood
here for the adventurous explorer of cross word
puzzledom. Try this one against time.
1 2 3 4 5 6 7 8 9 10 11
12 13 14 15 16
17 18 19 20 21
22 23 24 25
26 27 28 29 30
31 32 33 34
35 36 37 38 39
40 41
42 43 44 45 46 47 48 49
50 51 52 53
54 55 56 57
58 59 60 61 62 63
64 65 66 67 68
69 70 71 72 73
74 75 76

[72]

HORIZONTAL
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