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Complicity in International Law$
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Miles Jackson

Print publication date: 2015

Print ISBN-13: 9780198736936

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780198736936.001.0001

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State Complicity and the Obligations of Non-State Actors

State Complicity and the Obligations of Non-State Actors

(p.201) 9 State Complicity and the Obligations of Non-State Actors
Complicity in International Law

Miles Jackson

Oxford University Press

International law’s historical normative structure, which imposed obligations to states, is changing. The increasing obligations borne by non-state actors have opened up the possibility of accounting for state support for the conduct of those non-state actors as a form of complicity. This chapter assesses the specific rule prohibiting state complicity in genocide, using the analytical framework and normative claim set out in Chapter 2 to enrich the analysis. It also raises the possibility that a non-state analogue to Article 16 ARSIWA will arise. Such a rule would prohibit states from aiding or assisting non-state actors in the commission of any internationally wrongful act.

Keywords:   state complicity, non-state actors, complicity in genocide, Bosnian Genocide, Article 16 ARSIWA

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