Treatment of Detainees under Criminal Processes

Domestic laws usually prohibit political violence by private paramilitary outfits or "non-state entities" directed against domestic targets, as the state has a formal monopoly on the use of force within its jurisdiction. However, at the international level, states have not agreed to prohibitions in international law on cross-border attacks by non-state entities. This paper explores how transnational paramilitary attacks by non-state entities might be criminalised and prosecuted under international and national law.