A Reflection on Insurgents Status in Resorting to Use of Force

The right to resort to force investigates legitimacy of the use of force by subjects of international law. There is no doubt about jus ad bellum in international armed conflicts law that there are some questions about jus ad bellum in non-international armed conflicts law which makes it important to study in this matter. It is necessary to enlighten boundaries of the two concepts: insurgents and non-international armed conflicts, then we can assess rights of insurgents to use force in non-international armed conflicts. This paper tries to analyze rights of insurgents to use force in non-international conflicts both in doctrine and in positive international law.