Party Status to Armed Conflict – EJIL: Talk! – Go Health Pro

Party Status to Armed Conflict – EJIL: Talk! – Go Health Pro

The following comments are offered from the perspective of a government lawyer but very much on a personal basis; they do not necessarily represent the views of the UK Government.

The relationship between academic scholarship and the practical application of international law by States and other actors has always been a close, indeed a symbiotic, one.  After all, the analysis and study of international law is to a very large extent focused on what States and others say and do – or should say and do – whilst legal scholarship has always provided an essential resource tool for the practitioner and indeed a subsidiary source of law itself.

That said it is still remarkable to find a work of scholarship which, given when Dr Alex Wentker started his research, has proved so prescient in addressing a topic which has become of current and real importance to the international community and which equally provides, through a rigorous examination of key concepts, practical criteria for determining when actors become co-parties to an armed conflict. The sober title Party Status to Armed Conflict in International Law might not be one to grab the immediate attention of a hard-pressed government official or diplomat but the heading of last year’s Chatham House paper Joining In Wars – in whose drafting and elaboration Alex played a central role – emphasises the political, military and diplomatic, as well as legal, significance of the issues at the heart of his book.

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Party Status to Armed Conflict in International Law: Author’s Response – Go Health Pro

Party Status to Armed Conflict in International Law: Author’s Response – Go Health Pro

I am very grateful to Marko, Ashley, Philippa, and Paul for their thoughtful contributions. I greatly appreciate their thorough engagement with my work. To conclude the symposium, I will react to a few key themes raised by their comments. Political and legal implications I opened this symposium by noting that party status is a legal … Read more

Co-Party Status to Armed Conflict and the Rise of Artificial Intelligence – EJIL: Talk! – Go Health Pro

Co-Party Status to Armed Conflict and the Rise of Artificial Intelligence – EJIL: Talk! – Go Health Pro

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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Party Status to Armed Conflict in International Law: An Overview – Go Health Pro

Party Status to Armed Conflict in International Law: Author’s Response – Go Health Pro

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 why I wrote this book and why I believe it needed to be written. From the early days of the war, Western States … Read more

CfP GYIL; BIICL Training Programme; CfP Business and Human Rights Workshop; CfP Criminal Justice Conference; Nuremberg Academy Lecture; CfS Green Deal Seminar; CfP Genocide and the Ocean; CfP Use of Biometrics by Armed Forces; CfS Ocean Governance for a Sustainable Future; International Law Breakfast Briefing – EJIL: Talk! – Go Health Pro

Party Status to Armed Conflict – EJIL: Talk! – Go Health Pro

1. Call for Papers: The German Yearbook of International Law (Vol. 68, 2025). The call for contributions to the “General Articles” section of Volume 68 (2025) of the GYIL is now open. Submissions can be on all topics and fields of interest that are relevant to public international law. Papers submitted should be in English, be between 10,000-12,500 words (inclusive of footnotes), and must conform with the GYIL style guide (available here). Submissions, including a brief abstract, keywords, statement of affiliation, and confirmation of exclusive submission, should be sent by 30 September 2025 to the Managing Editor of the GYIL via e-mail: yearbook {at} wsi(.)uni-kiel.de. More information can be found here.

2. BIICL Training Programme 2025. The British Institute of International and Comparative Law (BIICL) is now accepting registrations for its programme of short courses for 2025. Courses include: Foundations of public international law; Public international law in practice; Climate change law: Climate change litigation; Artificial intelligence governance; Cultural heritage law; Business and human rights; and, Law of the sea. BIICL is also offering two summer schools on Law and Technology (30 June- 4 July) and on Public International Law (14-18 July). These courses are led by BIICL’s team in collaboration with external partners, combining academic expertise with practical insight. Discounts are available for group bookings and individual members of BIICL. Scholarships are available for individuals and NGOs – terms and conditions apply. More information can be found on the BIICL website.

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