State Responsibility and Rebels: An Analysis of the Strabag Award in the Context of Libya's Civil War
Article from: TDM 5 (2022), in Case Comments & Awards
This article examines one aspect of Article 10 of the ILC Articles concerning matters of State responsibility and attribution arising in relation to rebels' conduct in the context of an insurrection or civil war: what happens to the wrongful acts committed by a government while fighting rebels in the context of a successful insurrection? Based on an analysis of State practice and case law, I will explain that the State remains responsible for the wrongful acts committed by the previous government while fighting the rebels. The article also examines how investment tribunals can ...