Of apples, oranges and analogies: keeping use of force and State responsibility separate

This piece addresses some issues raised in two recent publications, in leading periodicals by Michael Schmitt and Casey Biggerstaff and Russel Buchan, regarding the relationship between jus ad bellum and the law of State responsibility. It seems that both contributions tend to conflate the law of the use of force with the law of State responsibility and to favour analogies between the two areas of law that do not hold on a closer inspection.

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