The legality of armed resistance: a comparative analysis of the insurgency movements in Chechnya, Northern Ireland, and South Africa

Abstract

This thesis investigates the legality of state responses to armed resistance movements under international law, with a particular emphasis on South Africa, Northern Ireland, and Chechnya. The analysis reveals that legal protections for non-state actors asserting self-determination are lacking, despite the fact that states use sovereignty and counterterrorism as justifications for force. This study evaluates the proportionality and legitimacy of state action by examining international humanitarian law, jus ad bellum, and pertinent case law through doctrinal and comparative legal research. These results indicate that, despite the absence of formal combatant status for armed groups, state responses frequently violate humanitarian norms. Russian military repression in Chechnya contrasts with Northern Ireland and South Africa's negotiated transitions. It is the conclusion of the thesis that the current international law does not adequately regulate state behavior in internal conflicts and that a more explicit legal framework is necessary.