Dual attribution in the context of military operations

Abstract

This article considers the state of the doctrine on dual attribution in military operations. The rapidly expanding jurisprudence on cooperative military ventures has yet to coalesce around a single normative framework. The role of the ario and ars in that realm has been decidedly mixed, perhaps predictably given the inconsistency between the two codes. The most hopeful developments have come in the Netherlands, with the elaboration of a bifocal, preventive interpretation of Article 7 of the ario. However, whether that framework will resonate elsewhere is uncertain. Thus far, the concept of dual attribution itself has played an odd role. It has been affirmed repeatedly in theory, but the primary value of its theoretical possibility has been in empowering courts to hear cases they might otherwise have avoided, while failing actually to attribute conduct to two or more entities.