The Conduct of Hostilities, Attack Decisions, and Criminal Accountability
23 Pages Posted: 6 Dec 2023
Date Written: November 6, 2023
Abstract
War crimes related to the decision to conduct attacks during the conduct of hostilities are almost defined in terms of conduct and not result. Yet it is common for critiques of such decisions to focus on attack results. While such results are probative of compliance or non-compliance with international humanitarian law rules regulating the conduct of hostilities, they are rarely dispositive. This article addresses the challenge of allocating probative value to attack results when assessing responsibility for alleged war crimes based on illicit attack decisions.
Keywords: War Crimes, International Humanitarian Law, International Criminal Law, Targeting, Attack, Mens Rea, Burden of Proof, Circumstantial Evidence
JEL Classification: K14, K33, K39
Suggested Citation: Suggested Citation