The Due Diligence Obligations of the States as Third Parties to the Proxy Warfare
2025 (English)Independent thesis Advanced level (degree of Master (One Year)), 10 credits / 15 HE credits
Student thesis
Abstract [en]
Due to the financial and reputational costs of ‘traditional’ (in a current context – direct) warfare, not only do more and more states tend to use, but also will continue to utilize other methods, such as financial, logistical, and military support to proxy forces, to maintain their strategic interests. This paper explores the international legal obligations of the states, as third parties to the proxy warfare, stating that existing standards of attribution for Articles on State Responsibility for Internationally Wrongful Acts (ARSIWA) and corresponding case law have not sufficiently addressed sponsoring states' legal accountability. Therefore, it introduces the idea of the due diligence principle, otherwise known as ‘Duty of care’, to the mentioned framework. The study argues that the due diligence doctrine offers a more practical and preventive alternative, shifting the legal focus from control-based attribution to the obligation to prevent foreseeable harm. Relying on comparative analysis from international human rights, environmental, and cyber laws, the thesis proposes a tailored legal framework for applying due diligence in the context of proxy conflicts. To ensure the relevance and applicability of the proposed framework, three case studies, Russia’s actions in eastern Ukraine and Georgia, and the U.S.-led coalition’s support for Syrian opposition groups are examined. The study concludes that due diligence integration into the contemporary legal framework is both legally justifiable and necessary for plugging accountability gaps and enhancing international humanitarian law compliance.
Place, publisher, year, edition, pages
2025. , p. 44
Keywords [en]
Due diligence, State responsibility, Attribution, Complicity in international law, Proxy warfare
National Category
Peace and Conflict Studies Law
Identifiers
URN: urn:nbn:se:fhs:diva-13958OAI: oai:DiVA.org:fhs-13958DiVA, id: diva2:1977862
Subject / course
International Law
Educational program
Master´s programme in International Operational Law
Uppsok
Social and Behavioural Science, Law
Supervisors
Examiners
2025-06-272025-06-262025-09-29Bibliographically approved