Security Certainty, Legal Dilemma:
What non-state actors are to do and states don’t want them to!
Amin A. Ghanbari
Proposal Prepared for ANZSIL symposium, June 2008
In this essay I will discuss, the role of non-state actors in the changing dynamic of the international regime of use of force, presuming International Legal Regimes (ILR), as the furtherance of the International Regimes in legal forms and shapes, in a way, which they per se, can treat subjects of the system and the community of them as a whole, as a security threat. For this:
A: Non state actors are taken as an effective variable to the real world of the acting states in their international relations; states which are supposed to function securely on the one hand and to produce security for their citizens on the other.
B: My presentation of the concept will be an interdisciplinary approach, basically in international law, meanwhile benefiting from the international regime theory of International Relations as the theoretical basis.
I will define the concepts of international regimes, Dynamics of Regimes and the transition process of them turning to Legal Rules and Regimes, and I will compare the Dynamic of these regimes to the same process of change in forms of legal rules. This would lead to the conclusion that, since the international legal regimes tend to status quo ante, they would act in wickedness of their creators in situations of rapid and peril threat or danger which is a fundamental change to basic causal variables and hence dynamic of a hypothetical legal regime (in this case the regime of use of force).
For all these arguments I will study the case of al-Qaeda, which as non-state actor has played a strategically different role from many other non-state actors, at and before its time.
I will make my attempts to evaluate the changes in international rules stemming from of the 9/11 and other terrorist incidents with similar character, focusing on the (anticipatory) self-defense regime in international law, as a competitive thesis to collective defense regime; as we put self help in contrast to collective action.
The anticipatory self defense will be examined through history of state practice, with special consideration to recent so-called uses of the thesis by regional powers, e.g. in Iraq concerning the Kurds (PKK), and other belligerent armed groups in the region and the question of anticipatory self defense in their cases.
Plat du jour:
1) Introduction: Security as a need and as a function for state in a state centered system.
2) International Regimes: Definition, Elements of basic causal variable, their Dynamic;
3) A Typology of non state actors and a Typology of Threat: When do they get to be a security threat?
4) International Collective Defense Regime: Security council in practice and the question of non state actors, failures and challenges;
5) Conclusion: Self help and self anticipatory defense as the alternative taken by some actors; is it licit in case of non-state actors in several supra mentioned types?
The plat referred to in the previous passages, may vary in heading process of writing. The idea of this essay is the heart of my master thesis, being written under supervision of Prof. Djamchid Momtaz, in Teheran University, to be submitted in june-july 2008, under the name: Non-State Actors and Collective Defense Regime.