Lawmaking by Nonstate Actors : engaging Armed Groups in the Creation of International Humanitarian Law

Academics and international lawyers look for the sources of international law in the treaties and customs created by states. Although non-state actors have often been subject to international legal rules, they have seldom been seen as having a role in the formation of such rules. International humanitarian law is no exception. The authors argue that this "statist" exclusion of non-state actors from international lawmaking is outdated and normatively questionable. The authors suggest that non-state actors-and specifically, non-state armed groups-should be understood as potentially having a role in the making of international humanitarian law. Giving non-state actors such a role would require academics and lawyers to look beyond the treaties and customs of states when seeking potential sources of international law. The authors explore what these new sources of international law might look like, and what the benefits and limitations of accepting each of them might be.