As we move forward in publishing our work to date we will be sure to steer our efforts according to the overarching objectives under consideration above. In the meantime, considering that this is the first of what will become a series of NB/OL publications, we might work toward addressing the full spectrum of issues presented by non-state actors participating in armed conflicts. We have five foundation pieces from the Sept 10 workshop in Herzylia and are interested in your views regarding how to arrange and supplement this work.
Our publication might be organized around the following two themes, which roughly correlate with the panel structure at the Sept 10 workshop: (1) uncertainties in the legal framework that clarify the nature of the conflict for purposes of determining whether criminal law or the laws of armed conflict apply and, thereafter, which detention and prosecutorial systems are appropriate; and (2) issues related to the status of individual participants and how that status affects military operations. If we continue in this vein, we will need to draft a list of topics to be addressed in order to provide a comprehensive overview of the issues and experts to invite to fill in the identified gaps.
We are eager to have your feedback on this proposed plan and any recommendations regarding topics and experts. We are also open to considering alternative approaches.
