Book symposium on Dr Haim Abraham’s ‘Tort Liability in Warfare’

Dr Haim Abraham’s recently published book, Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights (Oxford University Press, 2024) was last month the subject of a book symposium held by the Yeoh Tiong Lay Centre for Politics, Philosophy and Law and UCL’s Private Law Group, and organised by Dr Eden Sarid.

The symposium featured leading scholars including:

• Professor Paula Giliker, University of Bristol
• Professor Liesbeth Zegveld, University of Amsterdam
• Professor Luke Moffett, Queen’s University Belfast
• Professor Ugljesa Grusic, UCL

Tort Liability in Warfare: States’ Wrongs and Civilians’ Rights reevaluates fundamental principles of tort law, offering a fresh perspective on state liability for harm inflicted on civilians during combat.

Dr Abraham argues that domestic tort could and should serve as a viable means of redress for such wrongs. He highlights the critical role that the norms governing armed conflict play in defining the rights and obligations of both states and civilians in wartime, showing that private law rights remain relevant even amid warfare, and that violations of these rights trigger duties of corrective justice.

Challenging the conventional view that tort law has no place in warfare, Dr Abraham introduces the concept of “belligerent wrongs”, arguing that excluding tort remedies for wartime losses stems from policy choices rather than necessity. He questions whether these choices justify states’ broad immunity from tort liability.

The symposium, which centred around these ideas, brought together academics and policymakers to explore:

• How private law could play a greater role in armed conflict
• How shifting geopolitical dynamics impact tort law
• The extent to which the doctrinal and theoretical frameworks of tort law align with the legal realities of warfare

Watch a recording of the event