Rebellions and Civil Wars State Responsibility for the Conduct of Insurgents Cambridge Studies in International and Comparative Law Series

This book analyses all relevant questions of State responsibility and attribution arising from the conduct of rebels and governments in the context of civil wars and rebellions aiming at the establishment of a new government or the creation of a new State. Based on a comprehensive analysis of both old and recent State practice, and case law, including investment awards, as well as the works of scholars and the International Law Commission, the book identifies ten basic rules which can be used by States and international tribunals. It explains the history, content and scope of application of the specific solutions adopted in Article 10 of the International Law Commission Articles on State responsibility to address particular problems. The book also critically revisits some of the solutions that have been put forward by tribunals and scholars, and examines a number of questions which have never been addressed by them before.

1. Introduction; Part I. Acts Committed in the Context of the Establishment of a New Government: 2. When the rebels are successful at establishing a new government; 3. When the rebels are not successful at establishing a new government; Part II. Acts Committed in the Context of the Creation of a New State: 4. When the insurrectional movement is successful in creating a new state; 5. When the insurrectional movement is unsuccessful in creating a new state; Conclusion: summary of findings.

Patrick Dumberry is Professor in the Faculty of Law (Civil Law Section) at the University of Ottawa. He received his doctorate at the Graduate Institute of International Studies, Geneva and has many years of experience in law firms involved in international arbitration. He is the author of more than eighty international law publications, including eight books.