SACM - Australia
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Item Restricted State Responsibility and the Breach of International Law by Non-State Armed Actors: Case of the Syrian Conflict(Flinders University, 2024-11-04) Alshamrani, Abdullah; Esmaeili, HosseinThe increase in armed conflicts and the involvement of states with supporting or working with non-state armed actors presents significant challenges to international law. The most critical challenge revolves around attributing to the supporting or controlling state the activities of non-state armed actors that may violate international law. The thesis discusses and explores the liability arising from the actions of non-state armed actors that may violate international law, in the context of the Syrian conflict. The thesis first reviews the legal framework for state responsibility in cases of internationally wrongful acts, significantly with respect to working with and supporting non-state armed actors in conflicts. The lack of clear criteria for determining state responsibility for supporting or controlling these actors has complicated efforts to address violations of international law, allowing states to pursue their interests indirectly through non-state armed actors, leading to complex conflicts that may be characterised as proxy wars, as has occurred in the Syrian conflict since 2011. The current situation in the Syrian conflict is possibly the most prominent example of the challenges in determining state responsibility for supporting non-state armed actors that may violate international law. The Syrian conflict may be characterised by multiple dimensions, including non-international, international and sectarian conflict. The thesis focuses on analysing three prominent non-state armed actors operating in the Syrian conflict. These are Shabiha (supported by the Syrian government), Hezbollah (a Lebanese group active in Syria, supported by Iran and Syria), and People's Defense Units (YPG) (a Kurdish group supported by the United States). Additionally, the thesis aims to address the existing knowledge gap regarding a state's responsibility for the acts of non-state armed actors that may breach international law in the Syrian conflict. Moreover, the shortcomings of the current international legal situation concerning attributing the actions of these actors to the states concerned are highlighted. The thesis analysed and examined various previous international judgments, particularly those dealing with methods of attribution that have been tested. The findings of the thesis demonstrate two primary conclusions. First, there is a lack of clarity in international law regarding methods and criteria for defining and examining the attribution of international responsibility to a state when it supports or collaborates with non-state armed actors. Furthermore, ARSIWA’s shortcomings regarding the attribution of conduct lies in its inability to encompass the diverse aspects and methods in which states enable utilize non-state armed actors to breach international law. These deficiencies are particularly evident in two essential aspects: the lack of clear control criteria and definition and incorporation of the principle of due diligence. Second, after examining and analysing the non-state armed groups in this research, along with their affiliations and relationships with relevant states, the study concludes that actions by these groups that potentially breach international law may be attributed to the involved states as follows: (A) The activities of Shabiha can be attributed to the Syrian government; (B) Hezbollah's activities might be attributed to Iran, the Syrian government, and the Lebanese government; and (C) the US’s support for the YPG in the conflict raises concerns about potential violations of the principles of non-interference and the prohibition on the use of force as stipulated in Articles 2(4) and 2(7) of the UN Charter.24 0