State Responsibility

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The Role of the Right to Health in a “Hidden” Pandemic: Antimicrobial Resistance

Last week, UK health officials declared that a "hidden pandemic" of antibiotic-resistant infections could soon threaten human health and lives. More cold symptoms are expected this winter, due to an increase in social mixing, but the UK Health Security Agency warn against premature and inadequate use of antibiotics. However, this menace is not new and not specific to the UK. In fact, the World Health Organization recognises antimicrobial resistance (including antibiotic resistance) as one of the top 10 global health threats facing humanity and organises a World Antimicrobial Awareness Week in November every year. Antibiotic resistance, like its name suggests, is the phenomenon describing the change that bacteria develop in order to resist the efficacy of antibiotics designed to kill them. As noted by the WHO, this phenomenon and the decreased effectiveness of antibiotics that it entails, jeopardise our ability to treat common infectious diseases, such as pneumonia, tuberculosis, blood poisoning, gonorrhoea, and foodborne diseases. This can lead, in turn, to prolonged hospital stays and increased mortality. This phenomenon is particularly…

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The International Law of Intelligence Sharing in Multinational Military Operations: Concluding Thoughts

Having canvassed the various conceptual questions of state complicity in the prior posts in the series, we can now return to the two basic intelligence sharing scenarios I outlined in my first post – the sharing of intelligence facilitating a wrongful act, and the receipt of intelligence that was unlawfully collected and/or shared. In both scenarios the causal…

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The International Law of Intelligence Sharing in Multinational Military Operations: State Fault in Complicity

In my previous post in the series I explained how the fault element of state complicity rules is the single most important determinant of the scope of these rules, in the intelligence sharing context or otherwise. In this post I will elaborate on the different possible modes of fault, starting with the question of how fault…

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The International Law of Intelligence Sharing in Multinational Military Operations: Framing Complicity

In my first post in the series I explained how intelligence sharing can be contrary to international law either because it transgresses a rule that directly prohibits the sharing of intelligence as such, or because of complicity in a partner’s wrongful act. Let us now start examining the problems of complicity in more…

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The International Law of Intelligence Sharing in Multinational Military Operations: A Primer

The massive airlift by the United States and its allies that followed the Taliban’s victory in the Afghan war had a remarkable feature: the Taliban not only did not interfere with it, but actively assisted it. After two decades of fighting the Taliban, the United States found in them unlikely partners willing to provide, for a limited time,…

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