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.
