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.
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Cognitive Warfare: Does it Constitute Prohibited Force?
In 2024, there was a notable rise in allegations of non-kinetic hybrid threats originating from state actors. Cognitive warfare —the manipulation and weaponisation of the human mind—particularly gained prominence as a potent tool in international politics and competition for power. NATO has described it as the 21st-century game changer, and a potential sixth warfighting domain…
The 2024 AU Common Position on the Application of International Law in the Cyberspace: Some Implications for the Development of Digital Human Rights
Introduction The African Union Peace and Security Council (PSC) has adopted in late January 2024 its much-anticipated and first-ever Common African Position on the Application of International Law to the Use of Information and Communication Technologies in Cyberspace (‘Common African Position’ or CAP). The CAP reflects the views of the AU’s 55 member States.
Navigating France’s Views on Sovereignty in Cyberspace: Why Might France Not Be in the “Sovereignty-As-A-Rule” and in the “Pure Sovereignty” Camps
Since 2013, States have repeatedly reaffirmed in multilateral institutions that the principle of sovereignty applies in cyberspace, and in particular that “in their use of ICTs, States must observe, among other principles of international law, State sovereignty, sovereign equality” (A/70/174). As more and more states publish their views on the application of international law in…
Assistance to a Countermeasure in International Law
In recent years, States have begun to discuss and assess whether and when they may cooperate in the taking of countermeasures. The question has arisen most prominently in debates about the application of international law to cyber operations in light of the fact that cyber-capabilities vary significantly among States, making some more vulnerable to malicious cyber-operations, as well…