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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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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A Comment on Alex Wentker’s Book – EJIL: Talk! – Go Health Pro

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

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 Ukraine and in the Middle East, among others, raise difficult questions of conflict classification and party status as a matter of … Read more

ECtHR’s Jurisprudence on Satire vs Hate – EJIL: Talk! – Go Health Pro

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

On 3rd December 2024, the European Court of Human Rights (ECtHR/Court) delivered its decision in the case of Yevstifeyev and Others v. Russia [App. No. 226 of 2018].  In Yevstifeyev, the ECtHR addressed two distinct applications, wherein the first application involved homophobic verbal assaults and threats against LGBTI activists, which the Court deemed a violation of Article 14 in conjunction with Article 8 of the European Court of Human Rights (ECHR/Convention). In contrast, the second application concerned a satirical video portraying a ‘Gay Hunt,’ which the Court found did not meet the ‘threshold of severity’ to constitute a violation. In this contribution, I argue that the while ECtHR approach in the first application is progressive in terms of evolving the State’s positive obligations under the Convention, the second application reasoning raises significant questions about the Court’s approach to hate speech, particularly regarding the distinction between context and content, intent and effect, and the application of the ‘threshold of severity’ test.

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