Abstract:

As a result of the changing nature of armed conflicts, armed conflicts today take place between state and non-state armed groups or between non-state armed groups fighting each other. International humanitarian law is insufficient to regulate non-international conflicts in which non-state armed actors are actively involved. Customary rules of international humanitarian law are binding on both states and non-state armed actors, but only the practices of states are taken into account when determining customary rules of international humanitarian law. Non-state armed actors who are not involved in the formation of customary law lack a sense of ownership of these rules. The main topic of discussion in this article is how non-state armed actors can participate in the formation of customary international humanitarian law in order to increase compliance with its rules. The article consists of three main parts. The first part examines the formation of customary international law. In the second part, the problems that prevent armed groups from participating in the process of customary law formation will be discussed. The last section will provide suggestions for legal solutions.

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