On the Development of a Treaty for Non-State Actors: Exploring Gaps in State Liability Through Wagner-Russian Influence in Africa

Jessica A. Betancourt*

The existing academic literature and international legal framework governing state-affiliated non-state actors (NSAs) (namely their conduct, influence in geopolitical relations, and the reactions of third-party states to their violations of the law) is often contradictory or underdeveloped. Identifying and remedying the legal vacuums that facilitate unlawful state influence through NSAs is ever more critical, given the rising prevalence of state-affiliated groups, the refinement of their techniques due to globalization and technology, and their growing success in fomenting regional destabilization. This Note examines gaps in the current body of international law using the Russian-affiliated Wagner Group and its activities in Africa as a contemporary case study that illustrates the dangers of failing to address this growing issue. It then argues for the development of a treaty governing the law of NSAs to address the existing enforcement problem. In an age of increasing multipolarity and evolving strategies for inter-state competition, states must be proactive in addressing structural legal weaknesses rather than attempting to injudiciously force NSA conduct into existing conventions. A focused protocol regulating this sphere would increase state responsibility to monitor, prevent, and address unlawful NSA conduct. This in turn would provide a robust framework for functional enforcement that anticipates the realities of increasing technological threats, bridges definitional disparities, and resolves ambiguities in the law of attribution and extraterritorial liability.

*Executive Editor, Columbia Journal of Transnational Law; J.D., Columbia Law School 2025; LL.M. (International Law), University College London 2025. Thank you to Professor Lori F. Damrosch for her valuable insights and instruction. All errors in this piece are mine alone. I would also like to extend my sincere gratitude to the entire CJTL team, especially Jonathan D. Shapiro, for the hours spent reviewing my work; to my high-school law coach, Randy Kaminsky, who believed in me at a young age and gave me direction; and to my parents, Sandra and Eduardo Betancourt, to whom I dedicate this work. Mamá y papá, no hay suficientes palabras para agradecerles sus sacrificios. Te quiero mucho.