Hamas and the Threat of Exclusive Territorial Control by Violent Non-State Actors

Abstract

Until the war that followed the attack on Israel on 7 October 2023, Hamas held factual dominion over both a specific territory and a defined population, resembling a traditional sovereign. Yet, in its military operations and in relation to its territorial control, Hamas does not abide by international rules or norms. This type of exclusivity grants violent non-state actors (VNSA) the advantages of sovereignty without the corresponding obligations. We argue that VNSAs such as Hamas, operating as unrecognized sovereigns, create “black holes” where local populations are subjected to exclusive control by the VNSAs, and the territory becomes a venue for illicit cooperation and activities that challenge the global order and pose a global security risk. Unlike terra nullius, which implies ownerless territories, we call these non-state territories (NSTs), areas completely outside the sovereignty, control, or recognized authority of any state. To prevent these NSTs from forming and jeopardizing global order, the international community must understand their true nature.