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Tort Law and State Accountability for Overseas Violations of International Human Rights Law and International Humanitarian Law: The UK Perspective Cover

Tort Law and State Accountability for Overseas Violations of International Human Rights Law and International Humanitarian Law: The UK Perspective

Open Access
|Jul 2021

Abstract

This article argues that tort law has a role to play in holding the British government to account for overseas violations of international human rights law and international humanitarian law. The context of tortious claims for overseas violations of international human rights law and international humanitarian law brings to the fore, on one hand, issues of attribution and Crown and foreign acts of State and, on the other hand, issues of private international law. This article describes the approach of UK courts to key issues raised by tortious claims for overseas violations of international human rights law and international humanitarian law, namely subject-matter jurisdiction and the law applicable to the merits.

DOI: https://doi.org/10.5334/ujiel.545 | Journal eISSN: 2053-5341
Language: English
Submitted on: Apr 7, 2021
Accepted on: Apr 7, 2021
Published on: Jul 16, 2021
Published by: Ubiquity Press
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2021 Uglješa Grušić, published by Ubiquity Press
This work is licensed under the Creative Commons Attribution 3.0 License.