Nebraska Law Review Volume 97 | Issue 1 Article 4 2018 The Duty to Refrain: A Theory of State Accomplice Liability for Grave Crimes Rachel López Thomas R. Kline School of Law, Drexel University,
[email protected] Follow this and additional works at: http://digitalcommons.unl.edu/nlr Recommended Citation Rachel López, The Duty to Refrain: A Theory of State Accomplice Liability for Grave Crimes, 97 Neb. L. Rev. 120 (2018) Available at: http://digitalcommons.unl.edu/nlr/vol97/iss1/4 This Article is brought to you for free and open access by the Law, College of at DigitalCommons@University of Nebraska - Lincoln. It has been accepted for inclusion in Nebraska Law Review by an authorized administrator of DigitalCommons@University of Nebraska - Lincoln. Rachel L´opez* The Duty to Refrain: A Theory of State Accomplice Liability for Grave Crimes ABSTRACT In the modern era, as the cooperation between States in military and counter-terrorism efforts increases, so does the risk that a State will facilitate the grave crimes of another State through its political, military, or economic assistance. One of the most prominent recent examples is Russia’s support to the Assad regime in Syria, despite the atrocities the Assad regime committed against its own people. This raises the question: What legal obligations do States have to refrain from assisting other States in committing grave interna- tional crimes? This Article argues that much like there is an oft-cited responsibility to pro- tect (R2P), which obligates States to protect the human rights of people in other countries when their own governments are unwilling or unable to do so, there is an analogous duty to refrain (D2R) from aiding and abetting other States who commit grave violations of human rights, like genocide and crimes against humanity.