Non-state actors

The OPCW s expertise and knowledge of CWs including its developed system of assistance and protection under the CWC (Article X) as a reflection of international solidarity and co-operation are being put to use to prevent and respond to chemical terrorism and thus considerably diminish its potential consequences. It can be added that pursuant to the recent UN Security Council Resolution No 1540, all nations are obliged to take actions ensuring that non-State actors cannot develop, produce, use or trade CWs according to the terms of CWC. 

In sum, the massive Soviet NBC weapons program is currently fragmented among numerous countries and employs only a fraction of its former workforce. Despite these major dislocations and workforce reductions, its residual personnel possess substantial weapons-critical expertise and are potentially attractive to potential proliferant states and non-state actors seeking to acquire NBC weapons. Whether the scope of the personnel of concern is large or small has important policy implications. While even a small number of people who illicitly transfer their expertise can create a serious security problem, it is much easier to contain the threat of a smaller, easily identified group of people than the threat of a larger, more diverse one. 

Examples of Nuclear Supply, Demand, and Non-State Actors, Santa Monica, Calif RAND Corporation, AB-729-2, 2003. 

We cannot be eonfident that an attack combining the sophistication and ruthlessness of 9/11 with the use of nuclear weapons will not happen. As far as we know, however, no terrorist group has the competence to build nuclear weapons and an element of scepticism is warranted about the capacity of non-state actors to manufacture nuclear weapons undetected by the intelligence agencies of the technologically advanced countries. Nor is there any evidence so far to suggest that nuclear weapons have been transferred to terrorist organizations. Bioterrorism... 

The ultimate goal of this paper is make a comparative analysis between both non state actors leading to find the differences their in the use of CW. 

Resolution 1540 furthermore requires all states to undertake appropriate effective measures to account for, effective physical protection measures and appropriate effective border controls and law enforcement efforts in order to secure NBC-weapons and related material and prevent their misuse by non-state actors. In addition it calls for appropriate effective national export and trans-shipment controls and sets up a Committee of the Security Council to examine states reports on the status of their implementation of Resolution 1540. 

In the absence of the Convention s full universality and in view of non-state actors seeking to acquire chemical weapons capabilities. States have long adopted counter-proliferation measures. Early steps had already been taken in the 1980s, both at the national level and by way of international co-ordination, such as the export controls organized through the so-called Australia group. The effectiveness of such controls is doubtful, notwithstanding other multilateral efforts such as UN Security Council Resolution 1540 of 28 April 2004 on the non-proliferation of weapons of mass destruction. ... 

Resolution 1540 labels, inter alia, the proliferation of nuclear weapons and their means of delivery, as well as illicit trafficking in nnclear weapons, their means of delivery and related materials, as a threat to international peace and security. Adopted under Chapter VII of the UN Charter, Resolution 1540 is binding on all Member States of the UN. Pursuant to the resolution. Member States are obliged to adopt and enforce laws prohibiting non-State actors from developing. 

In the 100 years following the outbreak of World War I, warfare—both in practice, and how that practice is reflected in the law—has evolved from predominantly State-based symmetric events into predominantly non-intemational armed conflicts, fought by non-State actors, often employing unconventional methods and tactics in order to achieve their aims. The prevalence of these kinds of conflicts in the last decades has led to such conflicts being termed asymmetric wars. 

Bassiouni MC (2008) The new laws and the crisis of compliance with the law of armed conflict by non-state actors. J Crim Law Criminol 98 711-810... 

Bongard P, Somer J (2011) Monitoring armed non-state actor compliance with humanitariem norms a look at international mechanisms and the Geneva call deed of commitment. Int Rev Red Cross 93 673-706... 

Clapham A (2006) Human tights obligations of non-state actors in conflict situations. Int Rev... 

International humanitarian law provides for certain specific regulations both for the affected state, the armed group as non-state actor, and for third parties, pertaining to the delivery of hnmanitarian assistance. Humanitarian law does not however recognize a general dnty of the sovereign or other parties to provide assistance in... 

Outside the realm of armed conflict, the International Law Commission has more recently argued in its study on the Protection of persons in the event of disasters that such a determination must be made on a case-by-case basis , without elaborating as to whom should be the determinant in such circumstances. Yet, whilst the arbitrariness of the refusal of an offer may eventually be determined by an authoritative legal body such as the ICJ, in practice such an initial argument in time of a NIAC shall always be made by the sovereign of an affected territory, or the controlling non-state actor. Indeed, in response hereto, third-party action may be warranted upon determination by the Security Council as authoritative body with more ad hoc possibilities of enforcement than the ICJ. 

Note that the term internal is used to designate an armed conflict within the territory of a single state, between the government and a non-state actor and not any non-intemational conflict, which may include an armed conflict across borders between a government and a non-state actor. 

---