Allegiance in International Humanitarian Law: the duty of fidelity and the laws of armed conflict.

The article examines the legal concept of allegiance—defined as a formal duty of fidelity owed by individuals to states—and its complex and often inconsistent use within International Humanitarian Law (IHL). While allegiance is a well-established domestic legal notion primarily in common law systems, it lacks a clear definition or consistent application in international law and IHL treaties, leading to interpretative challenges. The article analyzes key treaty provisions and judicial interpretations involving allegiance, such as those related to prisoner of war status, occupation, protected persons, and penalties, highlighting instances where allegiance is properly applied and others where it is conflated with loyalty or ethnicity, sometimes resulting in problematic or discriminatory outcomes. It concludes that allegiance has limited but meaningful roles in IHL—particularly in protecting sovereignty during occupation—but cautions against its misuse as a basis for denying protections or introducing discrimination in armed conflict regulation.