State Responsibility

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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, except for parts of its Karabakh region now temporarily stationed by a Russian peacekeeping force under an armistice agreement. The new physical reality on the ground created a novel international legal situation regarding extra-territorial jurisdiction and state responsibility. An important legal issue is whether Armenia or Russia or both bear responsibility for international law violations (e.g., continuing military occupation, denial of former residents’ right to property, security, movement, etc.) in Karabakh by virtue of their effective control under the European Convention on Human Rights? Are the new facts on the ground sufficient to change the ECtHR’s landmark judgment in Chiragov and Others v. Armenia?…

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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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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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