The use of armed force against non-state actors: international law and the role of the Norwegian military in Afghanistan 2001 - 2001

The aim of this thesis is to examine the major issues of legality that apply to the use of military force against non-state actors, how these issues figured in the Norwegian discussion and how they influenced the decision-making process before and during our participation in Operation Enduring Freedom (OEF) until the end of 2002. By examining the provisions of international law relevant to armed conflict, in particular related to the so-called ―new wars‖, the thesis argues that the use of armed force against non-state actors is a matter of some controversy. In particular this alludes to the notion of civilians directly participating in hostilities. It argues that in order to apply military force against non-state actors, there is a legal requirement to connect those actors to hostilities and define the time during which they participate in those hostilities. Regarding the Norwegian discussion and decision making process, it argues that initially the Kosovo conflict of 1999, but in particular the Norwegian participation in Operation Enduring Freedom marked a substantial departure from Norwegian post-Second World War traditions with respect to the use of force. This did in turn influence the Norwegian discussion on legality by highlighting the implications of using military force against non-state actors. It concludes that the Norwegian political discussion or decision making process did not address the particularities relevant to the use of force against non-state actors in any depth. Whereas International Humanitarian Law was frequently addressed in the public discussion and by various representatives of the Government, the particularities related to the legality of the Afghan conflict remained absent. Governmental statements and parliamentary discussions contain, with few exceptions, general references to international law and do not provide clarity on the Norwegian position