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Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights [1]
["King'S College London"]
Date: 2025-02
Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights reevaluates fundamental principles of tort law, offering a fresh perspective on state liability for harm inflicted on civilians during combat. Arguing that domestic tort law could and should serve as a viable means of redress for such wrongs, Dr Haim Abraham (UCL Laws) highlights the critical role that the norms governing armed conflict play in defining the rights and obligations of both states and civilians in wartime, showing that private law rights remain relevant even amid warfare, and that violations of these rights trigger duties of corrective justice.
Challenging the conventional view that tort law has no place in warfare, Dr Abraham introduces the concept of "belligerent wrongs," arguing that excluding tort remedies for wartime losses stems from policy choices rather than necessity and questions whether these choices justify states' broad immunity from tort liability.
The symposium, centered around these ideas, will bring together academics and policymakers to explore how private law could play a greater role in armed conflict, how shifting geopolitical dynamics impact tort law, and the extent to which the doctrinal and theoretical frameworks of tort law align with the legal realities of warfare.
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[1] Url:
https://theconversation.com/uk/events/tort-liability-in-warfare-states-wrongs-and-civilians-rights-14193
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