Introduction : the functions and interactions of non-state actors in the realm of international humanitarian law

The term ‘international law’ was coined in 1789 by Jeremy Bentham, eventually becoming the predominant expression used by specialized literature, in lieu of ‘the law of nations’ or ‘droit des gens’, which were translations of the Latin term employed by Hugo Grotius: ‘ius gentium’. Although these terms do not necessarily convey that this body of law exclusively regulates relations between States, with the emergence of the nation-State, international law became increasingly focused on inter-State relations, thus excluding – for the most part – non-State entities. This book aims at challenging such an understanding of international law, suggesting that it is necessary to shift the focus beyond States, in order to encompass the various types of functions and interactions in which every entity participates, and that constitute international decision-making processes. It does so by concentrating on international humanitarian law (IHL), and reflecting on current legal, policy, and practical issues that concern non-State actors (NSAs) in and around situations of armed conflict.