Party status to armed conflict in international law

Thesis

International lawyers have spent much time thinking about what constitutes an armed conflict. Yet, wrapped up in the question of whether there is an armed conflict is often a question of who is engaged in that conflict, particularly since States and armed groups tend not to go to war alone. Although ever-present in historical and recent conflicts, that question has received little attention. Against this background, this thesis analyses why it matters and how it is established that an entity is a party to an armed conflict under international law. The first part of the thesis shows that party status is central to all levels of the international legal regulation of armed conflicts. Parties to armed conflicts are not only key addressees of the jus in bello in their own right but also central reference points for the regulation of individuals and third parties in armed conflicts. In response to increasingly widespread cooperation practices in armed conflict, the second part of the thesis develops a common analytical framework for identifying parties to conflicts with multiple parties on the same side; the thesis labels these parties as ‘co-parties’. On this account of the legal criteria for identifying co-parties, a co-party must knowingly make an operational contribution, which is directly connected to harm to the adversary. The contribution must be co-ordinated with fellow co-parties such that each co-party is involved in the decision-making processes on the co-ordinated military operations. The thesis then demonstrates that the proposed framework for identifying co-parties also allows for a refined account of the allocation of obligations in armed conflict. This account may contribute to mitigating the risk of diffused responsibilities in cooperative settings and harnessing the potential of cooperation for enhanced protection capacity. Overall, the analysis of party status aims to enhance our understanding of the architecture of the international legal regulation of armed conflict and how it can respond to the complex realities of contemporary armed conflicts.

Authors: Wentker, A

• Type of award: DPhil
• Level of award: Doctoral
• Awarding institution: University of Oxford
• Language: English
• Keywords: precautions; parties to the conflict; recognition of belligerency; human rights law; public international law; United Nations Security Council; support-based approach; co-belligerency; direct participation in hostilities; collective security; military operations; attribution; neutrality law; jus ad bellum; international organisations; third parties; respect and ensure respect for international humanitarian law; prohibition of the use of force; prohibition of aggression; due diligence; non-State armed groups; scope of application of international humanitarian law; state of war; non-international armed conflicts; international criminal law; complicity; international humanitarian law; international armed conflicts; war on terror; declarations of war; associated forces; co-party status; hostilities
• Subjects: International law