State Responsibility

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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, the first line of security in the evacuation effort prompted by their own victory. That cooperation involved daily contacts between the US and the Taliban at various levels, as well as meetings between US generals in the field and the CIA director with Taliban leadership. It also involved the US military sharing intelligence information with its erstwhile adversaries, for the purpose of preventing attacks against the Kabul airport by even more extreme ISIS militants (one of which, on 26 August, tragically got through, killing almost 200 people). As General McKenzie explained at a press briefing: [W]e share versions of this information [about possible threats] with the…

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Inviting a Wolf to the Table: The 2020 US-Taliban Agreement and Questions of State Responsibility

On Sunday 15 August 2021, towards the final phase of the US and other NATO States’ withdrawal from Afghanistan, the Taliban entered Kabul’s abandoned presidential palace, confirmed its control over the country, and announced the restoration of the Islamic Emirate of Afghanistan. The act was the culmination of a well-organized takeover by the Taliban of 26 out of…

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Dithering, Trickling Down, and Encoding: Concluding Thoughts on the ‘ILC Articles at 20’ Symposium

Twenty years ago, to this day, the ILC’s efforts at clarifying the rules of State responsibility came to an end. On 9 August 2001, the ILC finalised its work, begun just under four decades earlier, of spelling out  ‘the general conditions under international law for the State to be considered responsible for wrongful actions or omissions, and…

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State Responsibility and the Global Environmental Crisis

This post explores some aspects of the ILC’s Articles on the Responsibility of States for Internationally Wrongful Acts (‘ARSIWA’) as they concern the global environmental crisis. The understanding of environmental degradation has changed over time from a bilateral/horizonal issue to a community one. Even within the latter frame, the enormity of the challenge is now much better understood.

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The Application of the Articles on Responsibility of States for Internationally Wrongful Acts in the WTO Regime

In this short post, I consider the unique application of the International Law Commission’s Articles on the Responsibility of States for Internationally Wrongful Acts (ARSIWA) to the special regime of the World Trade Organization, an organization that has had a variable relationship with international law over the years. Consistent with Article 55 of ARSIWA which privileges “special…

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