The second post in our joint blog series arising from the 2017 Transatlantic Workshop on International Law and Armed Conflict, ‘Common Article 3 and Linkages Between Non-State Armed Groups’- by Ashley Deeks (University of Virginia School of Law) is now available over on Lawfare.
Here's a preview:
The shape-shifting nature of today’s organized armed groups and their opportunistic associations with other armed groups means that a state fighting one non-state armed group (NSAG) sometimes finds itself confronting other NSAGs as well. How should we determine when two or more NSAGs are interacting in a way that unites them in a single non-international armed conflict (NIAC) against a state?
The more extensive the interactions we require among NSAGs before concluding that two NSAGs have “merged” their fight, the less easily a state will be able to treat its struggles with those groups as a single NIAC. Relatedly, the higher the law sets the bar for merging the activities of two NSAGs, the more the state fighting the NSAGs will have to assess the violence emanating from each group separately in considering whether each cluster of violence is sufficiently sustained on its own to meet the Tadic “sustained hostilities” threshold necessary to construe a situation as an armed conflict.
Read the full post over at Lawfare.
Schedule of blog posts:
- ‘The obligation to “ensure respect” for IHL: the debate continues’- Marten Zwanenburg (Legal Counsel at the ministry of Foreign Affairs, Netherlands)- Intercross
- ‘Common Article 3 and Linkages Between Non-State Armed Groups’- Ashley Deeks (University of Virginia Law School) –Lawfare
- ‘ICRC Commentary of Common Article 3: Some questions relating to organized armed groups and the applicability of IHL’- Annyssa Bellal (Geneva Academy of International Humanitarian Law and Human Rights)- EJIL:Talk!
- ‘Transatlantic Workshop on International Law and Armed Conflict Wounded and Sick, Proportionality, and Armaments’- Geoff Corn (South Texas College of Law)- Lawfare
- ‘Wounded and Sick and the Proportionality Assessment’- Jann Kleffner (Swedish Defence University)- Intercross
The joint blog series arising from the workshop follows on from our collaboration in hosting a similar series last year (see here, here and here). The Transatlantic Workshop is organized and sponsored by the Oxford Institute for Ethics, Law and Armed Conflict (directed by Dapo Akande), the Individualisation of War project, European University Institute, Florence (directed by Jennifer Welsh), the Washington DC & London delegations of International Committee of the Red Cross, the Houston College of Law (through the good offices of Geoff Corn), and the Robert S. Strauss Center for International Security and Law at the University of Texas (directed by Bobby Chesney).