Unwilling or Unable

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India/Pakistan

India’s February 2019 Strike in Pakistani Territory: A Jus ad Bellum Analysis

India’s statement raises questions of whether a state has a right to self-defense against a nonstate actor when the latter’s conduct has not been attributed to another state, what qualifies as an “imminent” armed attack, and whether India is endorsing the unable-or-unwilling test.

Unwilling or Unable

Belgian Airstrikes in Syria: More Support for the Unwilling/Unable Test?

Until now, Belgium's contribution to the air campaign against ISIS has been limited to strikes on targets in Iraq.  This constraint reflected, at least in part, a sense that the legal case for strikes in Iraq (from a UN Charter perspective) was clear (in light of the consent of the Iraqi government), whereas the legality of strikes in Syria (where the Assad regime did not consent) was murkier.  

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