The Conduct of Hostilities, Attack Decisions, and Criminal Accountability

23 Pages Posted: 6 Dec 2023

See all articles by Geoffrey S. Corn

Geoffrey S. Corn

Texas Tech University School of Law

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

Corn, Geoffrey S., The Conduct of Hostilities, Attack Decisions, and Criminal Accountability (November 6, 2023). Available at SSRN: https://ssrn.com/abstract=4624136

Geoffrey S. Corn (Contact Author)

Texas Tech University School of Law ( email )

3311 18th Street
School of Law
Lubbock, TX 79409
United States
8322442204 (Phone)

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