Daniel Bethlehem has proposed a series of principles relating to a state’s use of military force against nonstate actors (NSAs). He believes that his proposals will lead to the formulation of a “clear set of principles that effectively address the specific operational circumstances faced by states.” While Bethlehem’s intentions may be laudable, his effort is founded on the misconception that the international legal system lacks sufficiently clear principles to govern the use of military force against NSAs. The system already has such principles, as this comment will show.
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Mary Ellen O’Connell (2013) studied this question.
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