The limits of law in a post-Westphalian world: the legal and political status of powerful non-state armed actors—a comparative study of Hezbollah and the Houthis

This article investigates the profound challenges posed by powerful, sub-state armed actors to the international legal system and the traditional Westphalian concept of state sovereignty. Through a comparative analysis of Hezbollah in Lebanon and the Houthis (Ansar Allah) in Yemen, the study examines how these groups—which combine military capability, territorial control, and political governance—function as “states within a state” and fundamentally disrupt the state-centric international order. The research addresses three primary areas: (1) the legal status and personality of these groups under the Law of Armed Conflict (LOAC) and International Humanitarian Law (IHL); (2) the extent to which their organizational capacity and de facto governance erodes state sovereignty in the Middle East; and (3) the implications of their status for international strategies of engagement, containment, and accountability. By analyzing doctrinal law, state practice, and UN Security Council resolutions, this article demonstrates that both Hezbollah and the Houthis possess a form of functional legal personality that necessitates revision of current international legal categories. The findings suggest that the involvement of these actors in conflicts—classified primarily as Non-International Armed Conflicts (NIACs) but often with international dimensions—requires a framework for understanding their functional recognition and developing more effective, legally compliant counter-terrorism and humanitarian response policies. The article contributes to scholarly debates on sovereignty, international legal personality, and the future of armed conflict in an era of state fragmentation and hybrid governance.