State Responsibility

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Launching an International Claims Commission for Ukraine

Russia’s invasion of Ukraine has caused massive displacement of people, enormous economic and personal harm, and widespread damage to public and private property. Foreign States and individuals also have suffered damage and loss. The Government of Ukraine recently expressed its intention to cooperate with interested Parties to establish an international commission (“the Commission”) to adjudicate claims for compensation arising out of Russia’s actions. Similar to most other claims commissions, the Commission would derive its authority from an international agreement concluded between Ukraine and interested States. International claims commissions are flexible instruments typically established to resolve mass claims arising from international crises. They can provide a forum for resolving a broad array of possible claims under international economic and humanitarian law by a diverse group of injured parties, including States, international organizations, and legal and natural persons.  More than 400 international claims commissions have been created in modern times, starting with those established in the 1794 Jay Treaty between the United States and Great Britain. Recent (relatively) successful examples include the Iran-United…

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The United States and Allies Sharing Intelligence with Ukraine

A remarkable feature of the ongoing Russo-Ukrainian conflict is the strategic and tactical role played by the sharing of intelligence between the US (and other Western allies) and Ukraine. That intelligence sharing started even before the war, in support of claims made publicly and privately about an imminent Russian attack against Ukraine (on which see more…

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The Houthi Attacks Against the UAE: Rules of Conflict and International Law of State Responsibility

The conflict in Yemen has spread beyond the confines of Yemen, with the Houthis mounting attacks against critical infrastructure in Saudi Arabia and the United Arab Emirates (UAE) using drones and missiles. This article explores the recent strikes against Abu Dhabi under international humanitarian law, and explores the possibility of attribution under international law of state responsibility to…

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Belarus is Complicit in Russia’s War of Aggression

In the early hours of the 24th of February, Russia launched a large-scale attack against Ukraine. By the following day, Russian forces were closing in on Kyiv, the Ukrainian capital. A large part of these forces penetrated the Ukrainian territory not through the separatist regions in the east or Crimea in the south, but through the north, coming…

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Ukraine Files ICJ Claim against Russia

Earlier today President Zelenskyy announced that Ukraine has filed an application against Russia before the International Court of Justice: Ukraine has submitted its application against Russia to the ICJ. Russia must be held accountable for manipulating the notion of genocide to justify aggression. We request an urgent decision ordering Russia to cease…

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