State Responsibility
57 Articles
Beyond Gitmo: What is the US Going to Do About the Coming Wave of ISIL Detainees?
With the Mosul battle raging and the Raqqa offensive possibly weeks away, U.S. policymakers and government attorneys will be facing a familiar kind of problem: What is going to…
Who is Responsible for the Yemen Funeral Bombing, and How?
The aftermath of a bombing by the Saudi-led coalition in Yemen. Photo: Almigdad Mojalli/IRIN The Saudi-led coalition has acknowledged, after initially denying, that it carried…
How Retaking Mosul Could Spell Disaster for Civilians
After over two grueling years living under the control of the Islamic State (ISIS), Mosul’s 1.2 million civilians may suffer yet more abuse when the government tries to retake…
Two U.S. Positions on the Duty to Ensure Respect for the Geneva Conventions
When should the U.S. government reverse a previous U.S. interpretation of a treaty? Should there be a presumption against doing so, and what process and substantive reasons should…
US Responsibility Arising From Russian Violations of the Law of Armed Conflict
Ryan Goodman raised a great question yesterday about the US-Russia deal on Syria: may the United States coordinate military operations with Russia if Russia is highly likely to…
Is the US-Russia Pact in Syria Barred by International Law?
While Secretary John Kerry appears to be trying to resuscitate the US-Russia deal in Syria, one issue worth considering is whether a major step in the US-Russia plan is permitted…
State Responsibility for Assistance to Foreign Forces (aka How to Assess US-UK Support for Saudi Ops in Yemen)
Airstrikes in Yemen by the Saudi-led coalition have received increased attention in the last few weeks. In her recent post, Beth Van Schaack noted that in addition to the potential…
Evaluating Proportionality and Long-Term Civilian Harm under the Laws of War
As noted by Alex Whiting in his piece last week, the law of armed conflict, or international humanitarian law (IHL), contains broad principles and prohibitions that are applied…
Convicting Individuals Isn’t Enough Accountability for Mass Violations of International Law
On Saturday, news outlets reported an arrest by UN police on one of the International Criminal Tribunal for the former Yugoslavia’s last outstanding warrants. French journalist…