Tesi etd-03132023-094836
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Tipo di tesi
Dottorato
Autore
AMOROSO, ALESSANDRO MARIO
Indirizzo email
alessandromario.amoroso@gmail.com
URN
etd-03132023-094836
Titolo
State Support for Armed Groups Under International Law. Strenghtening Compliance trough Primary norms
Settore scientifico disciplinare
IUS/13
Corso di studi
Istituto di Diritto, Politica e Sviluppo - PHD IN HUMAN RIGHTS AND GLOBAL POLITICS: LEGAL, PHILOSOPHICAL, AND ECONOMIC CHALLENGES
Commissione
relatore Prof. DE GUTTRY, ANDREAS M.T.
Membro Prof. SANCIN, VASILKA
Membro ANNONI, ALessandra
Membro Prof. SANCIN, VASILKA
Membro ANNONI, ALessandra
Parole chiave
- armed conflict
- armed group
- international law
- obligations
- support
Data inizio appello
11/07/2023;
Disponibilità
parziale
Riassunto analitico
While several studies have been devoted to clarifying the legal framework of partnered warfare, i.e., the mechanisms of cooperation in war, only piecemeal attention has been paid to the specific case of military assistance by a State to a non-State armed group. Three issues seem to have exhausted the attention of scholars: the attribution to a State of the conduct of armed groups acting under its direction and control; State responsibility for complicity in the abuses committed by an armed group; and the classification of armed conflicts involving armed groups under the control of a State. One crucial aspect, however, has received surprisingly little attention: the examination of the international obligations governing the conduct of States when providing support to armed groups. The result is a legal framework that suffers from fragmentation and normative ambiguity, justifying States’ belief that their military commitments in support of armed groups take place in a legal vacuum.
The thesis seeks to fill this gap, through an inquiry into the practice, legal challenges, potential solutions, and decision-making of State support for armed groups. The research is premised on the following question: What are the international obligations of States providing military assistance to armed groups, and how can the existing international legal framework be leveraged to enhance compliance by armed groups with the law applicable in armed conflict?
The study attempts to answer this question in an innovative way by applying a legal process methodology: it examines the qualitative features of different processes of creation, interpretation, and application of international norms on State support, with a view to identifying those rules that have the greater compliance pull, i.e., that promise to elicit better compliance from supporting States and thus strengthen respect for the rules of war by supported armed groups as well.
The ultimate goal of the research is to verify the existence of a coherent legal framework governing State support for armed groups. Indeed, only a coherent legal framework has the potential to guide State authorities in their decision-making, to prevent a narrative of unforeseeable responsibility, and to leverage the existence of support relationships to strengthen compliance with international law by armed groups, to the benefit of people affected by armed conflict.
The thesis seeks to fill this gap, through an inquiry into the practice, legal challenges, potential solutions, and decision-making of State support for armed groups. The research is premised on the following question: What are the international obligations of States providing military assistance to armed groups, and how can the existing international legal framework be leveraged to enhance compliance by armed groups with the law applicable in armed conflict?
The study attempts to answer this question in an innovative way by applying a legal process methodology: it examines the qualitative features of different processes of creation, interpretation, and application of international norms on State support, with a view to identifying those rules that have the greater compliance pull, i.e., that promise to elicit better compliance from supporting States and thus strengthen respect for the rules of war by supported armed groups as well.
The ultimate goal of the research is to verify the existence of a coherent legal framework governing State support for armed groups. Indeed, only a coherent legal framework has the potential to guide State authorities in their decision-making, to prevent a narrative of unforeseeable responsibility, and to leverage the existence of support relationships to strengthen compliance with international law by armed groups, to the benefit of people affected by armed conflict.
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