State Responsibility

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On State Responsibility for Complicity in Genocide: Will South Africa’s “All-In Strategy” Be Effective?

Introduction As is known, in its recent application brought against Israel before the ICJ, South Africa (SA) invoked the international responsibility of the Respondent for all acts under Article III of the 1948 Genocide Convention. Much can be found in the blogosphere on more general and procedural aspects arising from this potentially landmark case, including the effect of the order on provisional measures rendered by the Court on 26 January (e.g., here, here, here, here and here), the Applicant’s legal standing (here and here) and the possible implications for third States (here and here). However, while the great majority of pieces have focused on questions revolving around the principal offence claimed by SA under Article III(a), namely that Israel is committing genocide against the Palestinians living in the Gaza Strip (“direct” genocide), no attention was devoted (I apologize in advance for any possible oversight)…

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Appeals Judgment in Case concerning the Shipment from the Netherlands of Parts for F-35 Fighter Aircraft to Israel

Introduction On 12 February, the Appeals Court of the Hague in the Netherlands handed down its judgment in a case concerning the shipment of U.S. owned spare parts for F-35 fighter aircraft from a warehouse in the Netherlands to Israel (see here, only available in Dutch). The Court of Appeal held that the…

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Cossacks, Pussy Riot, and the Attribution of Conduct: A Comment on Verzilov v. Russia

On 29 August, a Chamber of the European Court of Human Rights delivered its judgment in Verzilov and others v. Russia (no. 25276/15). This is the second case before the Court to concern the Russian feminist punk band Pussy Riot, after Mariya Alekhina and Others v. Russia (no. 38004/12). Verzilov concerned an incident during the…

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Sanctions Imposed on Private Investors by the US and the UK in the Russian-Ukrainian Conflict: Justifiable as Countermeasures in the Law of International Responsibility?

Scenario and Problems The conflict between Russia and Ukraine continued to elicit international reactions from States beyond the pair at the epicentre of concern. Just a few months ago, the Secretary of State of the United States issued a press statement, announcing sanctions on USM Holdings owned by the Russian…

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A Few Reflections on State Responsibility or Liability for Environmental Harm

A lot has been written on the subject of State responsibility / liability for environmental harm. However, in the recent years, the debate has not been as robust as immediately after the rendering of the Judgment of the International Court of Justice in Certain Activities Carried Out By Nicaragua In the Border Area (Costa Rica v. Nicaragua) Compensation…

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