Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". I explore in this post how the use of AI-based Decision Support Systems (AI-DSS) could disrupt the three criteria developed by Alexander Wentker for identifying co-parties to an armed conflict. I first set out Wentker’s criteria and then define AI-DSS and how it may map (or not) onto the criteria. Three criteria for co-party status Wentker’s criteria are, in my view, a significant improvement on pre-existing approaches because they are fairly general, simple and based on an objective assessment on the facts. First, the relevant conduct of the individual must be attributable to the collective entity, applying the law as reflects in the ILC Articles.
EJIL Book Discussion
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The Power of Co-Party Influence on IHL Compliance
Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". Alex Wentker’s book, which will stand as the definitive work on co-party status for years, offers an extremely careful and comprehensive look at the nature and implications of being a co-party to an armed…
On Parties and Co-Parties: A Comment on Alex Wentker’s Book
Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". I doubt that a doctoral thesis – and then a book – on international law could be more timely than Alexander Wentker’s Party Status to Armed Conflict in International Law. The ongoing wars in…
Party Status to Armed Conflict in International Law: An Overview
Editor's note: This post is part of a book discussion on Alexander Wentker’s “Party Status to Armed Conflict in International Law". Introduction Russia’s war of aggression has sparked intense public debates about whether and how to support Ukraine across many Western States over the past three years. These debates capture the heart of…
Torts in UK Foreign Relations – Post Scriptum Following the UKSC’s Judgment in Zubaydah v FCDO
In my post introducing the symposium, I provided three reasons why I believed the discussion in my book was timely. Little did I know, at the time of writing, that the UK Supreme Court would deliver its judgment in Zubaydah v Foreign, Commonwealth and Development Office right in the middle of the symposium,…