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Begin New Search Topic Humanitarian Crisis Publishing Institution Center for Global Legal Challenges, Yale Law School

1. Saudi Coalition “Admission” of Error in Bombing Cholera Treatment Center Implicates the United States

Author:
Oona A. Hathaway
Publication Date:
01-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
In June 2018, the U.S.-supported Saudi led coalition struck a cholera treatment center run by Médecins Sans Frontières/Doctors Without Borders (MSF) in Yemen. A recent internal investigation released by the coalition tries to lay the blame for the strike on MSF. But tucked into the report is a cryptic admission that the coalition did not “complete the necessary procedures used by the Coalition Forces” before undertaking the strike. This suggests that the coalition has not stuck to a deal it made with the United States to maintain U.S. support by properly vetting strikes, leaving the United States and its personnel legally exposed for continuing to support operations that violate international humanitarian law.
Topic:
International Law, Military Strategy, Humanitarian Crisis, and Air Force
Political Geography:
Middle East, Yemen, Saudi Arabia, North America, and United States of America

2. What is a War Crime?

Author:
Oona A. Hathaway, Paul Strauch, Beatrice Walton, and Zoe Weinberg
Publication Date:
04-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Here we propose a potential solution to the challenges surrounding the definition of war crimes we identified. In an effort to eliminate the confusion that results from over-reliance on prior criminalization, we distill the concept of war crimes down to its essence. A better approach, we argue here and in a forthcoming article, is to define war crimes as consisting of two key elements: (1) a breach of international humanitarian law (IHL) that is (2) “serious.” This approach is not only more jurisprudentially grounded, but it also has several benefits in the context of ongoing prosecutions of Syrian war criminals in Europe.
Topic:
Genocide, International Law, War Crimes, and Humanitarian Crisis
Political Geography:
Global Focus

3. The Missing State Department Memo on US Officials’ Possible Aiding and Abetting Saudi War Crimes

Author:
Oona A. Hathaway
Publication Date:
07-2019
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
Today the Senate Foreign Relations Committee is set to consider dueling bills on Saudi Arabia. A bill sponsored by Senator Robert Menendez (D-N.J.), would block arms sales to the Kingdom and in-flight refueling of Saudi aircraft. This largely mirrors a series of measures passed in the House on July 17 to block the sale of billions of dollars of arms to Saudi Arabia and the United Arab Emirates. But in an unusual move, Committee Chairman Jim Risch (R-Idaho) broke comity to put forward his own separate bill focused more narrowly on the killing of journalist Jamal Khashoggi that would merely deny visas to a few Saudi government officials and require that the secretary of state conduct a review of the United States’ relationship with the country. In all likelihood, this is the bill that will advance, allowing the U.S. sales of arms to Saudi Arabia to continue.
Topic:
Foreign Policy, International Law, International Trade and Finance, Arms Trade, and Humanitarian Crisis
Political Geography:
Middle East, Saudi Arabia, North America, and United States of America

4. Common Article 1 and Duty to "Ensure Respect"

Author:
Zachary Manfredi
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Center for Global Legal Challenges, Yale Law School
Abstract:
This paper investigates whether the “to ensure respect” clause of Common Article 1 of the 1949 Geneva Conventions creates third state obligations. Third state obligations could impose both negative and positive duties on states to ensure that other states and some non-state actors comply with the Conventions. This issue has gained salience in light of the imminent publication of new set of commentaries on the Conventions by the International Committee for the Red Cross. The new commentaries will likely suggest that third state obligations under Common Article 1 are robust. This paper assesses the anticipated ICRC position in light of both the drafting history of Common Article 1 and subsequent interpretations by major international tribunals and states. It concludes that Common Article 1 provides for some third state obligations, but that their scope and content remains underspecified and highly contested.
Topic:
International Law, Humanitarian Crisis, Red Cross, and Geneva Convention
Political Geography:
Global Focus