State Obligations towards the Conduct of Armed Non-State Actors in the Perspective of Due Diligence Principle

Main Article Content

Nadarajah Pushparajah


The state is a main responder in international law in general
and in international human rights law in particular from the statecentred
point of view. Thus, on the one hand, some acts of private
actors, including armed non-state actors may be attributed to the state.
On the other hand, the state has an obligation to protect its citizens
and other human beings on its soil from the harmful acts of private
actors, including armed non-state actors, through its due diligence
duty and by taking necessary steps. By employing descriptive and
analytical methods of research, this article examines as to whether
the state is able to fulfil its obligations to protect its people within
its territory and the capacity of states to fulfil such obligations in an
armed conflict. This article shows the practical challenges of states
in fulfilling their obligations in an armed conflict due to the acts of
armed non-state actors within the territory of states and the function
of transnational armed groups across national boundaries. Nevertheless,
this article illustrates how states can ensure the protection
of international law through a realistic approach of legal, as well as
non-legal, measures before and after the armed conflict.

Article Details

How to Cite
Pushparajah, N. (2016). State Obligations towards the Conduct of Armed Non-State Actors in the Perspective of Due Diligence Principle. Journal of Human Rights and Peace Studies, 2(1), 1–44. Retrieved from
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