Attribution of Non-State Actor Conduct During Armed Conflict

Armed conflict today involves a plethora of non-State actors including armed groups, private military companies, and hackers operating in the cyber domain. Frequently, these non-State actors act in a way that violates international law, for example by harming civilians, and they commonly act with the benefit of some form of State support. This raises critical questions about State responsibility. Attribution of Non-State Actor Conduct During Armed Conflict explores when and how international law attributes non-State actor conduct to a State, thereby triggering that State's international responsibility. Focusing on the six rules of attribution outlined in the International Law Commission's Articles on State Responsibility, the book provides a rigorous analysis of their practical application in the context of armed conflict. Using detailed case studies from the conflicts in Syria, Ukraine, and the Democratic Republic of the Congo, it examines each of the rules of attribution in turn, demonstrates when they would apply, and evaluates their effectiveness in holding States accountable for non-State actor conduct performed on their behalf. Critically assessing the legal and practical limitations of existing frameworks, the book argues that the predominant interpretation of the rules of attribution leaves an accountability gap, which enables States to act via proxy in a manner they could not lawfully operate via their own State organs. Combining doctrinal clarity with real-world relevance, it investigates how the inadequacies in the regulation of States' support to non-State actors in conflict situations should be remedied.

1234567891011 - Foreword (byMichael N. Schmitt)PART I: IntroductionIntroductionPART II: Setting the SceneStates and Non-State Actors in Armed ConflictIntroduction to the Law of State ResponsibilityPART III: State Organs and AgentsOrgans of StatePersons or Entities Exercising Elements of Governmental AuthorityPersons or Entities Acting on the States Instructions or Under its Direction or ControlConclusion to Part III: State Organs and AgentsPART IV: Exceptional Rules of AttributionConduct Performed in the Absence or Default of the Official AuthoritiesThe Conduct of a Successful Insurrectional MovementAcknowledged and Adopted by the StatePART V: Final ConclusionsConclusion to Parts II, III, and IVIndex

Jennifer Maddocks is a Lecturer in International and Operational Law at the University of Reading School of Law. She was previously an Assistant Professor in the Department of Law at the United States Military Academy, West Point, a Faculty Fellow with the Lieber Institute for Law and Warfare, and Managing Editor for the Lieber Institute's digital publication Articles of War. Prior to joining West Point, Dr. Maddocks served for over thirteen years as an officer in the British Army Legal Services, gaining considerable operational experience including deployments to Iraq and Afghanistan.