Abstract.The Norwegian Armed Forces are today organized mainly as a response force, and used as apolitical tool in armed conflicts, operating under mandate of the UN Security Council. Theenemy we are facing in these conflicts is not necessarily the traditional army of another state, butoften non-state actors organized as armed groups.International Humanitarian Law (IHL) has traditionally focused on armed conflict betweenstates. Non-international armed conflicts are for a number of reasons less developed as treatylaw. As a consequence several aspects of IHL regarded as customary law in international armedconflicts are put to the test in non-international armed conflicts such as in Afghanistan. One ofthe debated issues regarding IHL in non-international armed conflicts is the status of fighters,especially those belonging to a non-state party to the conflict. Are they civilians that must beprotected unless and fore such time they directly participate in hostilities, or do they by virtue oftheir membership in an organized armed group qualify as lawful targets?This study aims to identify applicable law regarding to what extent members of non-state armedgroups are lawful targets in armed conflicts. The study will hopefully contribute to increasedfocus on a part of humanitarian law which, especially in non-international conflicts, appears tobe unclear.
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