Mistakes of Fact in International Law

Two recent articles of note were published on the EJIL: Talk! blog post this week. The first is by Marko Milanovic, and is a three-part entry titled ‘Mistakes of Fact When Using Lethal Force in International Law’. Milanovic uses Iran’s accidental shooting down of a Ukraine passenger airliner as the catalyst to explore these issues, and considers whether there is a current gap in the various different sub-fields of international law dealing with this question.

Henning Lahman has responded in a piece titled ‘Mistake of Fact in Putative Self-Defence against Cyber Attacks’. While mostly agreeing with Milanovic’s conclusions, Lahman also adds specific points relevant to self-defence within cyber infrastructures.