Attribution of Conduct in Fragmented States: Rethinking International Responsibility in the Libyan Legal Context

Abstract

This study explores the issue of attributing responsibility for actions under international responsibility law in the context of structurally fragmented states, with a particular focus on the situation in Libya. The traditional framework of state responsibility, codified by the International Law Commission's Articles on State Responsibility for Internationally Wrongful Acts, presupposes a unified state capable of effective control over its institutions and agents.

However, post-2011 Libya is a typical case of state fragmentation, characterized by competing governmental powers and the de facto control of territory and institutions by powerful non-state armed actors. This fragmentation significantly increases the complexity of applying traditional attribution rules.

This paper critically assesses the applicability of existing attribution standards in the Libyan context and proposes a more flexible conceptual approach based on "decentralized effective control." The paper argues that continued reliance on traditional attribution models creates normative gaps in international law, limiting its ability to regulate complex post-conflict governance structures.