Extra-territorial use of force, civilian casualties, and the duty to investigate
Ryan Santicola and Hila Wesa
Host item entries:
Columbia human rights law review, Vol. 49, issue 3, Spring 2018, p. 183-266
This Article will examine the following specific questions: What does international law require with respect to a duty to investigate civilian casualties? When, if ever, does the duty to investigate arise? And how can states fulfill their duties, including in areas where there is no established state control on the ground? In so doing, the analysis will consider what obligations arise from relevant international humanitarian law (IHL) and international human rights law (IHRL) treaties, as well as those obligations arising from customary international law and state practice. Ultimately, this Article will conclude that states have a duty to conduct at least a preliminary investigation of all allegations of civilian casualties resulting from the use of military force, although the form and substance of these inquiries and any subsequent investigation will vary widely based on the context within which military force is used.