Utilisation of Resources for Non-State Actors

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NON-STATE ACTORS IN CYBERSPACE OPERATIONS

NON-STATE ACTORS IN CYBERSPACE OPERATIONS

Cyber insiders are actors who have legitimate access to computer and network resources, including information residing in associated systems, but who are disloyal to their employer, hiring party or constituent, and are willing to betray them for monetary benefits or other reasons. The cyber insider may plant logical bombs or open backdoors in programs they help develop, or steal sensitive data by use of small, portable and easily concealed storage devices. They may act as script kiddies in the sense that they attack internal resources to provoke a reaction from the employer, to enact personal vendettas, or as a cyber-espionage agent to collect and publicly disclose classified information or to sell corporate secrets to a competitor or foreign intelligence agency. Studies have shown that although the proportion of security incidents related to cyber insiders have decreased, the financial impact and operating losses due to insider intrusions are increasing [25].
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Non-state actors and cultural heritage: Friends or foes?

Non-state actors and cultural heritage: Friends or foes?

humanitarian norms. To date 53 non-State armed groups have signed «Deeds of Commitment» and have overall respected the obligations provided therein (67). In 2014, UNESCO invited Geneva Call representatives to Beirut on the occa- sion of a training activity on the fight against the illicit traffic of Syrian cultural objects. This training was dedicated to police and customs officers from Syria and neighbouring countries, and focused on archaeological sites, museums security and theft prevention, but also on national and international legal instruments. Cru- cially, the training also included practical experiences on how Geneva Call oper- ates on the field (68). Given that cultural resources are vanishing at an alarming rate in the conflict zones in the Middle East, it is to be expected that Geneva Call will become an arm of UNESCO by extending its field of activity to the enforce- ment of the treaty-based rules and the international customary law norms on the protection of cultural heritage. In the alternative, UNESCO should strive to put into practice by its own means the innovative and constructive method developed by this NGO. Either way, the effect of engaging non-State armed groups to respect the prohibition on looting artefacts could have an important –albeit slow and indirect–
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Beyond state-centrism: international law and non-state actors in cyberspace

Beyond state-centrism: international law and non-state actors in cyberspace

Cyber operations challenge not only the physical and spatial assumptions that guided the formation of much of the public international law inherited from previous generations, they test fundamental premises respecting the identity and status of actors governed by that body of law. Classically, individuals and non-State actors proved relevant to international law only as the agents, proxies, or chattel of States. Significant gaps in resources and capacity between States on the one hand and non-State actors on the other prevented their interactions from demanding significant attention from international law. And in those rare historical instances in which non-State actors could mount serious challenges to State hegemony, like cases of civil war, international law responded with significantly curtailed normative frameworks, such as that found applicable to armed conflicts not of an international character. 3
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Cyberspace, Non-State Actors and the Obligation to Prevent Transboundary Harm

Cyberspace, Non-State Actors and the Obligation to Prevent Transboundary Harm

In pursuit of this objective this article is structured as follows. Section 2 identifies the obligation to prevent transboundary harm as a general obligation under customary international law. Section 3 argues that this obligation actually contains two distinct duties, one requiring states to possess a minimum legal and administrative apparatus capable of preventing non-state actors from using their cyber infrastructure to commit injurious transboundary conduct and, the other, requiring states to utilise this apparatus diligently to suppress threats emanating from their territory. Section 4 argues that the first duty integrated into the obligation to prevent principle is an obligation of result and explores the legislative and administrative features that a state must exhibit in order suppress malicious cyber conduct. Section 5 argues that second duty built into the obligation to prevent is an obligation of conduct and identifies the factors that are used to inform the standard of due diligence to which a state will be held when utilising its resources to address cyber threats emanating from its cyber infrastructure. Section 6 offers some concluding remarks on the utility of the obligation to
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Governance and non-state actors in municipal solid waste management

Governance and non-state actors in municipal solid waste management

It is evident that municipalities in developing countries and particularly so in East Africa, typically lack the financial resources and skills needed to cope with the crisis of solid waste management. This raises the important issue of how to deliver quality service in the face of the financial and skill constraints of the public sector. Comparing governance arrangements that incorporate non-state actors in three urban authorities Kisumu (Kenya); Jinja (Uganda) and Mwanza (Tanzania) in East Africa, allowed this study to describe and appraise performance of these non-state actors in solid waste management at the municipal level with an aim of recommending policy options. Issues addressed are legitimacy and influence on decision-making; relations and alliances and the payment systems. Theoretical arguments of neo-developmental states verses network states in governance, guided the discussion. Household surveys; interviews and document analysis were the method used to gather data, SPSS-PASWStatistics_17.0 is used to make analysis of the quantitative data while coding is helpful in handling the qualitative data.
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Emerging Non-state Actors in Global Development: Challenges for Europe

Emerging Non-state Actors in Global Development: Challenges for Europe

The non-state actors profiled in this paper can potentially bring not only fresh resources but also fresh thinking on how to meet global development goals, for example through the promotion of new investment models and the expansion of market-oriented aid instruments. However, there is a danger that new entrants to the development field may not adequately internalize lessons learned from the decades of experiences that have accumulated within the traditional donor community. The diversification of the giving landscape presents a burden for longstanding aid donors to transfer their knowledge to rising actors about how assistance can be distributed in a more effective and equitable manner. Efforts to provide outreach to avoid repeating past mistakes can lead to the diffusion of standards of best practice which may have a broader impact on the behaviour of actors (especially firms) in developing countries. In the process of intensifying dialogue with emerging non-state actors, European donors themselves have the prospect to gain valuable know-how, which will be of special relevance in stimulating entrepreneurship and private sector development.
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‘State failure’ and the extraterritorial use of force in self-defence against non-state actors

‘State failure’ and the extraterritorial use of force in self-defence against non-state actors

39 doctrinal research is based on authority and hierarchy, the objective is to construct any statements of what the law is on primary authority and that is either a legislation or case law. Accordingly, the kaleidoscope of sources of international law deeply affects the structure of legal research conducted in this field. As a result, for the analysis undertaken in this thesis to be effective, it is required to pay close attention to a particular system of primary sources of international law and their interpretation. It is therefore necessary to begin with the identification of the relevant treaties and customary international law 76 as well as, where applicable, general principles of international law. Consequently, the body of relevant judicial decisions will be identified as they are ‘subsidiary means for the determination of the rules of law’ 77 as well as the applicable state practice. Likewise, the secondary sources in the form of the works of leading scholars on the subject, contained in the monographs and law journals, will be examined in their supporting role. Similarly to judicial decisions, these are not in themselves sources of international law, however, they are significant for the purpose of ascertaining the state of customary international law in relation to questions raised as well as helpful in interpreting and applying the treaties. The international law materials can be collected from a multitude of resources and accordingly, in order to discover all the possible relevant documents, the author will inspect, amongst others, the United Nations Treaty (d) pronouncements by states that undertake to state a rule of international law, when such pronouncements are not seriously challenged by other states’.
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Gentle Warlords: The Potential for Violent Non-State Actors to Provide Stability

Gentle Warlords: The Potential for Violent Non-State Actors to Provide Stability

depending on the internal discipline of the VNSA, it is often more chaotic. 18 In the less disciplined groups, a common means of compensating foot soldiers is by authorizing their members to pillage and loot local communities. Organized around a specific ascriptive identity, communal actors seek to defend and empower their constituency. The means of achieving this objective are to increase their relative strength, either by bolstering themselves or weakening their potential rivals. To do so, they must claim sources of power and resources for their community. Crucially, because communal VNSAs rely almost entirely on internal support and funding from their constituency, their prosperity does not depend on the goodwill of external actors. In fact, communal groups are incentivized to appropriate as many wealth-producing assets as possible and concentrate them solely in the hands of their own constituency. By dominating the sources of power, communal groups can bolster their own defenses, while keeping other actors too weak to pose a threat. 19
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The circulation of IPBES non-state actors between biodiversity and climate regimes

The circulation of IPBES non-state actors between biodiversity and climate regimes

One of the major challenges in global governance research is to better understand the dynamics of power and influence among this diversity of NSAs. The power of material and organizational assets of large firms gives them a strong capacity for influence while NGOs rely mainly on information and expertise, activism, and a claim of legitimacy. 21 Bestill and Corell think that the influence of NGOs on global environmental governance rests on their ability to affect the behavior of other actors through the intentional transmission of information. 22 Building on studies of lobbying, Orsini suggests that the influence of NSAs within one single forum relies on three interlinked resources: power (organizational, material, and ideational), combined with access, and centrality. 23 In this increasingly complex international framework, it seems interesting to complement the structure by including an assessment of actor’s relational capacities, and particularly their capacity to circulate and evolve within this complexity as well as enhance the circulation of ideas, standards and knowledge.
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Non-state actors, ungoverned spaces and international responsibility for cyber acts

Non-state actors, ungoverned spaces and international responsibility for cyber acts

These groups are responsible for numerous cyber attacks on media, Universities, governmental departments, local authorities, military bodies, non-profit organisations, or businesses. 6 For example, they seized control of TV5Monde, France's international TV network, an attack that the French government dubbed an "act of terrorism", 7 broadcasted propaganda videos and the personal information and resumes of French soldiers fighting extremist groups; hacked Newsweek's social media accounts to issue a direct threat to the US president's wife and children; or took control of the US Central Command YouTube account to post terrorist propaganda videos. 8 Although none of these attacks caused any serious damage, with ISIS currently using the internet mainly for propaganda, funding and recruiting purposes, it does not mean that ISIS or other non-state actors cannot in time acquire the resources to launch damaging attacks on people or states. As George Osborne the British Chancellor said in a speech to GCHQ when we talk about tackling ISIS, that means tackling their cyber threat as well as the threat of their guns bombs and knives 9 Indeed, the US has recently announced that it is
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Engagement with non-state actors

Engagement with non-state actors

20. The International Women’s Health Coalition Inc. has informed the Secretariat that it has been acquired by International Planned Parenthood Federation Western Hemisphere Region following the latter’s separation from the International Planned Parenthood Federation in 2020. The Secretariat has requested required documentation in line with the provisions of the Framework of Engagement with Non-State Actors in order to assess eligibility of the entity for official relations and as a record of this organizational change. The Secretariat will conduct due diligence and risk assessment; it will also review the information and report to the Executive Board at its 152nd session.
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Non-State Actors Escaping Justice - Obligations Regarding Child Soldiers Applicable to Non-State Actors

Non-State Actors Escaping Justice - Obligations Regarding Child Soldiers Applicable to Non-State Actors

38 The legislative jurisdiction theory, or doctrine, is based on the ability of the State to legislate for all of its people and this legislation can originate from either international or national law. This principle applies even if some nationals decide to fight the regime. It works the same way when a State legislates in accordance with new international law which affects the rights and obligations. of the nationals. This theory works on the assumption that States can transform its own binding legal obligation as binding legal obligations for its nationals and the same goes for any NSA that works in the State’s territory. Although this assumption would be logical, it is problematic to draw such a conclusion based solely on the ratification to a treaty by the State. Moreover, this theory requires a nationality link which sometimes might be hard to establish when it comes to NSAs because they are protesting against the current regime and will often not acknowledge their nationality. This would also mean that in case any foreign fighters participate in the name of the NSA, they are not as bound by national law as some of the other fighters. Since NSAs often are multi- and transnational, such a principle would prove difficult. 84
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Sanctions against non state actors

Sanctions against non state actors

One trend in UN Security Council targeted sanctions against NSAs, noted above, is a move towards widening the concept of ‘threat to the peace’, so that action taken to tackle the threat include measures directed at deterring or stopping the violence by NSAs, and measures aimed at those responsible for violations of human rights law and humanitarian law. Although not present in the sanctions against UNITA, punitive non-forcible measures were included in the Security Council’s responses to the violence in Bosnia but in the form of the creation of an international criminal tribunal. This approach was developed in relation to Libya in 2011, when targeted sanctions were combined with a referral to the ICC. However, in more recent episodes, sanctions (in the form of assets freezes, travel bans etc.) have been imposed on NSAs either because they undermine the peace process or otherwise threaten the peace, but also if they threaten the human security of civilians, manifested in the commission of violations of international law. This is a reflection of a move towards not only securing peace within the state but also in establishing the security of individuals within it. Thus, although appearing to be a form of punishment for breaches of the law, they remain measures aimed at restoring peace and security but at the level of civilians as well as the state. As well as the examples mentioned above, whereby sanctions were taken on this basis against NSAs in the DR Congo, and the CAR, other examples can be found in Cote D’Ivoire, 95 Lebanon, 96 and Sudan. 97 However, in other instances, targeted measures are more clearly of the UNITA-type, being directed at those regime elites and NSAs who have threatened the peace; for example in Guinea-Bissau, 98 Iran, 99 North Korea, 100 Liberia, 101 Sierra Leone, 102 Somalia, 103 Eritrea, 104 South Sudan, 105 and Yemen. 106
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Framework of engagement with non-state actors

Framework of engagement with non-state actors

14. For each of the four groups of entities above, the overarching framework and the respective specific policy on engagement apply. WHO will determine through its due diligence if a non-State actor is subject to the influence of private sector entities to the extent that the non-State actor has to be considered itself a private sector entity. Such influence can be exerted through financing, participation in decision making or otherwise. Provided that the decision-making processes and bodies of a non- State actor remain independent of undue influence from the private sector, WHO can decide to consider the entity as a nongovernmental organization, a philanthropic foundation or an academic institution, but may apply relevant provisions of the WHO’s policy and operational procedures on engagement with private sector entities, such as not accepting financial and in-kind contributions for use in the normative work.
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case of non-state armed actors

case of non-state armed actors

Taliban still disputes the central concepts of civilians in a discursive way. In the recent response to the UN report on civilian protection, Taliban disputed the western conception of civilians: On several occasions, UNAMA counted the American and Kabul administration related armed forces as a civilian while not wearing military uniform and some others, while they do not distinguish between civilian and non-civilian Mujahideen. All those Taliban who are working in administration, education, health, court, reconstruction and other civilian sectors, are counted Taliban and their killings are not counted as civilian casualties. American and Kabul administration usually assume that all civilians that have been remained under control of Islamic Emirate Mujahideen are a legitimate target. Similarly, Mujahideen strictly limits its operations to military objectives while UNAMA criticizes them for using IEDs that IEDs cannot distinguish targets. While on the other side, they shut their eyes on American and Kabul
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Non-state actors and the use of force

Non-state actors and the use of force

Traditionally, and as an integral element of state sovereignty, matters that occurred within a state were the sole concern of that state. The police or armed forces of a state were in this respect relatively unrestricted in their use of force within the territorial confines of that state. Today, while there is no discrete and independent norm prohibiting a state from using force against individuals located within its territory, international human rights law provides some regulation of the actions of state authorities in peacetime situations. Law enforcement officers, for example, are not able to use force freely, and in particular are not permitted to simply deprive an individual of their life. Indeed, everyone has the right not to be ‘arbitrarily deprived of [their] life’, as expressly contained within a landmark Convention adopted in the 1960s. 5 So while the death penalty is not entirely precluded under international human rights law, in the extra-judicial context individuals cannot simply be targeted with lethal force, regardless of the gravity of the crime that they have allegedly committed. Instead, they should be given the right to surrender and/or be arrested. However, this formulation of the right to life suggests that it is not absolute. If an individual poses an imminent threat to the life or safety of others, for example, lethal force may be used against that individual. 6 Furthermore, as has been witnessed most prominently in the Arab Spring, internal disturbances that are regulated by international human rights law may reach the intensity of a non-international armed conflict between rebel forces and the armed forces of a state. At this point international humanitarian law provides an additional form of regulation, and a basis upon which to judge the actions of both the state and NSAs involved. 7
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Are Non-state Actors Better Innovators? The Ambiguous Role of Non-state Actors in the Transition Process: The Case of Benin and Madagascar

Are Non-state Actors Better Innovators? The Ambiguous Role of Non-state Actors in the Transition Process: The Case of Benin and Madagascar

4 Cf. MacGaffey (1990) on the Kimbanguist movement, the lucid analysis of the Comaroffs (2000) on the quest for privatisation and the spirit of global capitalism in the 1990s, promoted by new protestant ethics in Africa and elsewhere, and Marshall-Fratani (1998) and Meyer (1998) on the Pentecostal movement and economics. 5 Cf. Benjamin’ s thesis on “capitalism as religion” (Benjamin 1921) and Dirk Baecker (2003). According to Benjamin, capitalism may be characterized by four criteria of essential religious character: first, its cultic nature, already referred to by Marx’ analysis of commodity fetishism, and its absence of additional dogma for justification; second, its quality as a cult of permanent existence, the continuous need for accumulation without interruption, and the new religious promise of the potential wealth for anybody; third, its quality as generalized cult of indebtedness, instead of the Christian forgiveness or mercy; fourth, universalism of debt as conditio sine qua non of existence, without mercy, the only hope provided for in capitalism is the accumulation of wealth and economic growth, as was shown already by Weber’s analyses of protestant ethics.
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Are Non-state Actors Better Innovators? The Ambiguous Role of Non-state Actors in the Transition Process: The Case of Benin and Madagascar

Are Non-state Actors Better Innovators? The Ambiguous Role of Non-state Actors in the Transition Process: The Case of Benin and Madagascar

4 Cf. MacGaffey (1990) on the Kimbanguist movement, the lucid analysis of the Comaroffs (2000) on the quest for privatisation and the spirit of global capitalism in the 1990s, promoted by new protestant ethics in Africa and elsewhere, and Marshall-Fratani (1998) and Meyer (1998) on the Pentecostal movement and economics. 5 Cf. Benjamin’ s thesis on “capitalism as religion” (Benjamin 1921) and Dirk Baecker (2003). According to Benjamin, capitalism may be characterized by four criteria of essential religious character: first, its cultic nature, already referred to by Marx’ analysis of commodity fetishism, and its absence of additional dogma for justification; second, its quality as a cult of permanent existence, the continuous need for accumulation without interruption, and the new religious promise of the potential wealth for anybody; third, its quality as generalized cult of indebtedness, instead of the Christian forgiveness or mercy; fourth, universalism of debt as conditio sine qua non of existence, without mercy, the only hope provided for in capitalism is the accumulation of wealth and economic growth, as was shown already by Weber’s analyses of protestant ethics.
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Are Non state Actors Better Innovators? The Ambiguous Role of Non state Actors in the Transition Process: The Case of Benin and Madagascar

Are Non state Actors Better Innovators? The Ambiguous Role of Non state Actors in the Transition Process: The Case of Benin and Madagascar

4 Cf. MacGaffey (1990) on the Kimbanguist movement, the lucid analysis of the Comaroffs (2000) on the quest for privatisation and the spirit of global capitalism in the 1990s, promoted by new protestant ethics in Africa and elsewhere, and Marshall-Fratani (1998) and Meyer (1998) on the Pentecostal movement and economics. 5 Cf. Benjamin’ s thesis on “capitalism as religion” (Benjamin 1921) and Dirk Baecker (2003). According to Benjamin, capitalism may be characterized by four criteria of essential religious character: first, its cultic nature, already referred to by Marx’ analysis of commodity fetishism, and its absence of additional dogma for justification; second, its quality as a cult of permanent existence, the continuous need for accumulation without interruption, and the new religious promise of the potential wealth for anybody; third, its quality as generalized cult of indebtedness, instead of the Christian forgiveness or mercy; fourth, universalism of debt as conditio sine qua non of existence, without mercy, the only hope provided for in capitalism is the accumulation of wealth and economic growth, as was shown already by Weber’s analyses of protestant ethics.
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The Legitimacy of Non-State Actors in Humanitarian Intervention

The Legitimacy of Non-State Actors in Humanitarian Intervention

Private Military Companies or PMCs may be the closest existing correlate to my proposed humanitarian non- state actor, and looking into their legal status may shed some light on the intervention legitimacy of the humanitarian non-state actor. P. R. Kalidhass 43 looked into the international legal accountability of PMCs and found that they can fall under 3 categories: “combatants, mercenaries, or civilians “ 44 . Such a state of affairs can lead to civilian-contractors occupying “a relatively ambiguous legal status, which leads to an almost complete absence of legal prosecution even when the accusations of wrongdoing arguably amounts to international crime.” 45 This would be a major problem for an actor working under its own directives in an armed conflict, as accountability is a necessary requirement for maintaining legitimacy (see chapter three). Here lies a conceptual issue: any defender of universal human rights must also uphold human rights in the process, but without accountability there is no instrument for ensuring this will happen. Of course, accountability does not prevent human rights violations, but it can prevent future violations by perhaps disbanding imposing limitations, or preventing that institution from engaging in armed conflict. For these purposes, non-state actors would most likely need to fall under the legal definition of combatants for humanitarian intervention, as they are certainly not ordinary civilians. Further, unlike mercenaries, they are not hired, but work under they own directives. and are not hired but operate under their own directives, unlike mercenaries. However, this raises another problem.
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