Research project When does state inaction become anattack? Rethinking the contextual elements of crimes against humanity
When does State inaction become an attack against civilians? This project examines whether systematic failures by States to fulfil their legal duties to protect people can, under certain conditions, satisfy the contextual requirements of crimes against humanity under Article 7 of the Rome Statute.
It explores how international criminal law defines an attack and the role of State policy, while examining the relationship between State responsibility and individual criminal liability. Combining doctrinal legal analysis with empirical fieldwork, the research draws on maritime search and rescue practices in the Mediterranean, where States have legal obligations to assist people in distress at sea. By investigating the legal significance of deliberate or systematic failures to act, the project seeks to clarify the boundaries of accountability for serious harm and the capacity of international criminal law to address forms of harm arising from State inaction.
Supervisors:
Matilda Arvidsson
Sally Alexandra Longworth