State Responsibility

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From Specificity to Institutional Reliability: J.B. v. Greece and Diplomatic Assurances

On 26 May 2026, the European Court of Human Rights (the Court) delivered its judgment in J.B. v. Greece (no. 54796/16). The case concerns the potential removal of a Syrian national from Greece to Türkiye under the EU-Türkiye Statement of 18 March 2016, following the rejection of his asylum claim on safe third country grounds. The Court struck out the applicant's substantive Article 3 complaint concerning his removal to Türkiye (§ 64), found no violation of Article 13 taken with Article 3 as regards the examination of his asylum claim (§ 135), and found a violation of Article 3 concerning the conditions of his detention at Mytilene police station (§ 145). While the detention finding largely follows established Article 3 case law concerning conditions in Greece, the judgment’s more significant doctrinal question concerns the Court’s treatment of assurances supporting return to Türkiye.

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Beyond Forcible Relocation: Article 49(6) and State-Facilitated Settlement in Occupied Territory

Russia does not forcibly relocate its civilians into the occupied territories of Ukraine. Instead, it relies on an array of incentives, including preferential mortgages, employment programmes and tax benefits to increase the attractiveness of relocation. This gives rise to a question under the law of occupation: when does voluntary settlement of the Occupying Power's civilian population amount to…

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Apportioning Historical Responsibility After the ICJ’s Climate Advisory Opinion: From Principle to Practice

When the International Court of Justice (ICJ) delivered its Advisory Opinion on Obligations of States in Respect of Climate Change on 23 July 2025, commentators rightly called it a watershed for international environmental law. The Court unanimously confirmed that the customary rules of State responsibility, as reflected in many respects in the ILC’s Articles on State Responsibility…

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Must States Control Their Borders? The Ceuta Crisis and International Law

Ceuta, a Spanish city on the North African coast with a population of approximately 80,000, experienced an unprecedented mass influx of people during the last week of July. Around 70,000 people, mostly Moroccan nationals but also persons from other countries, entered the territory irregularly. Although the precise causes remain uncertain, the immediate trigger appears to…

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Location, Location, Location: The UK Supreme Court’s Judgment in Shehabi v. Bahrain

In August 2022, I co-authored a post on the English case of Al-Masarir v. Saudi Arabia [2022] EWHC 2199, where Knowles J held that Saudi Arabia had no immunity under Section 5 of the UK State Immunity Act 1978 (‘UK SIA’) for its use of Pegasus spyware to hack the devices of Mr Al-Masarir,…

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