Counterinsurgency Law by Banks William;
Author:Banks, William;
Language: eng
Format: epub
Publisher: Oxford University Press, Incorporated
Published: 2013-08-15T00:00:00+00:00
1. Problems of Distinction and Definition
In particular, it appears that some of the criteria that serve as the basis for distinguishing between civilians and combatants may no longer be relevant in the framework of multidimensional warfare. In applying the current legal conditions required to be considered a combatant to the facts âon the ground,â for example, it is unrealistic to expect all combatants to be affiliated with an army or militia that is organized in a hierarchical manner with a clear system of command and control. It is in the very nature of the nonstate actor to sometimes have an amorphous framework. It may even have a network-type construction, organized as a clique, matrix, or chain of activists.26 Sometimes a group of activists may combine to form a cell, in order to promote political goals. This makes the requirement of an organizational, hierarchical framework problematic.
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