State Responsibility

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Three Posts on Articles of War on Current IHL Issues Regarding Russia and Ukraine

This is just a brief post to flag for readers who might be interested a series of essays that Mike Schmitt and I have done over on Articles of War, dealing with some of the most pressing issues of international humanitarian law arising in the Russia/Ukraine conflict over the past couple of weeks. First, Mike and I jointly did a post on the attack on the Kerch Strait Bridge, in which we argue that – on the assumption that Ukraine was responsible for this attack – the bridge was a lawful military objective, and the attack complied with the principles of proportionality and precaution. The only possible exception to this analysis is if, on the assumption that the bridge was attacked using a truck bomb, the driver of the truck was an unwitting tool of Ukrainian agents. If such was the case his killing violated both IHL and human rights law, even though the attack on the bridge itself remained lawful. By contrast, Russia’s retaliatory strikes across Ukraine generally violate the…

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Who Has Effective Control in Azerbaijan’s Karabakh Region?

Following the so-called “44-Day War” between Armenia and Azerbaijan in late 2020, the conflicting parties continue several legal battles before the International Court of Justice (ICJ) and the European Court of Human Rights (ECtHR), alleging various violations of international law. The war saw Azerbaijan liberate a significant part of its territories under Armenia’s three-decade-long occupation,…

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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…

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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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