Foreign Civil War Entanglements

Over the years, the U.S. has supported the losing side in numerous foreign civil wars. It has emerged from these entanglements as both a debtor and a creditor. In each case, the U.S. government's formal position has been clear: the post-civil war government succeeds to the rights and obligations of the prior government. That is, the winning side must pay debts incurred by the prior government, and it may enforce rights that accrued to that government. The U.S. has consistently taken this position even when the rights and obligations at issue relate to its attempt to keep the winning side from attaining power (e.g., debts accrued in the context of arms sales to the U.S.-supported side). But pragmatically, the U.S. government's position has been more fluid, ranging from benign neglect (i.e., simply not asserting a claim to payment) to finding technical legal arguments to justify writing off a debt (e.g., deeming the debt uncollectible).

Producer: Leanna Doty