Status of Contracts with Rebel Groups during a Civil War - European Investment Law and Arbitration Review View Status of Contracts with Rebel Groups during a Civil War by - European Investment Law and Arbitration Review Status of Contracts with Rebel Groups during a Civil War 8 1

Within the context of a civil war, this article analyses the legal implications of contracts between foreign investors and insurgents or rebels. It focuses on the contentious topic of what happens to these contracts when the civil war ends. If the rebels are victorious, the state will be held responsible for their actions during the insurgency under Article 10 of the Articles on Responsibility of States for Internationally Wrongful Acts. In this article, I argue that Article 10’s application should be extended to agreements made by a de facto government during an insurrection, which will bind the respective states. What if the rebels are unsuccessful in forming a new government or a new state? This is another issue this article attempts to answer. According to Article 10 itself, the state is not responsible for any actions perpetrated by insurgents. Therefore, whatever contracts the rebels made during their unsuccessful insurrection will be null and void if the uprising fails. This article examines numerous circumstances to determine if the non- attribution rule applies. I also argue that a state should be bound by a contract with rebels if it was not intended to aid the rebels and their revolutionary war.

European Investment Law and Arbitration Review