Third-Party States Responsibility Arising from Violations of International Humanitarian Law in Internal Armed Conflicts (With a Brief Analysis of the Crisis in Syria)

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Abstract

Third party states responsibility arising from violations of international humanitarian law in internal armed conflicts is in fact part of a more general principle dubbed as "liability arising out of aid and assistance in violation of International Law”, which has a little precedent in International Law proposed only after World War II. Basically, states are free in their international relations in the framework of the rules and standards of international law to have commercial, technical, military and cultural engagements and help each other for different purposes. During the trade and aid, recipient governments sometimes act in violation of international obligations including human rights and humanitarian law. Governments and entities affected by this action, citing the principle of responsibility to aid and assistance, or assistance in violation of international law, consider states who have granted aid to facilitate the wrongful acts of the recipient as responsible. Obviously, this paper, studies the general responsibilities of the aid and assistance or assistance in violation of international humanitarian law by looking upon the internal conflict in Syria. Third state party is responsible for its role in violations of international humanitarian law in the territory under the jurisdiction of the involved state in an internal conflict and not their own territory. The capability of attribution of the violation of international humanitarian law in internal conflicts such as the conflict in Syria to the assisting and supporting governments would be far easier and more convenient course in light of adherence to the criterion of “overall control”.

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International Law Review
Volume 30, Issue 49
December 2013
Pages 61-96

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History

  • Receive Date: 27 December 2015
  • Accept Date: 27 December 2015

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