The Downing of Flight PS752: Mistake of Fact and Self-Defence in International Law

In this post, in the background of downing of flight PS752, the authors analyse the right of self-defence under Article 51 of the UN Charter and determine whether Iran could take recourse to it without admitting to its mistake of fact. They also analyse the state practice on use of force in self-defence due to a mistake of fact. The article further explores whether state responsibility should be subjected to an objective or subjective standard under such circumstances. Finally, the authors look at Iran’s jus ad bellum obligations in light of the investigation report by the UN Special Rapporteur and suggest a strict liability rule for determining state responsibility under such circumstances. Continue reading The Downing of Flight PS752: Mistake of Fact and Self-Defence in International Law