Skip to main content Accessibility help
×
Hostname: page-component-78c5997874-ndw9j Total loading time: 0 Render date: 2024-11-17T05:11:18.831Z Has data issue: false hasContentIssue false

5 - The Responsibility of States

Published online by Cambridge University Press:  16 June 2021

Antal Berkes
Affiliation:
Brunel University
Get access

Summary

When an area of the State’s territory is controlled by subjects other than the territorial State, the committed human rights violations may engage the responsibility of States in two different ways: States (especially the territorial State or the outside State) can be held responsible for the conduct of the non-state actor, through attribution, or for the violation of their own obligation of due diligence, independently of the attributability of the non-state conduct. Because of the lack of special attribution rules enshrined in the respective conventions, human rights treaty-monitoring bodies interpret the general rules flexibly in order to make human rights effective, in conformity with the principle of effet utile.

Type
Chapter
Information
Publisher: Cambridge University Press
Print publication year: 2021

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

Save book to Kindle

To save this book to your Kindle, first ensure coreplatform@cambridge.org is added to your Approved Personal Document E-mail List under your Personal Document Settings on the Manage Your Content and Devices page of your Amazon account. Then enter the ‘name’ part of your Kindle email address below. Find out more about saving to your Kindle.

Note you can select to save to either the @free.kindle.com or @kindle.com variations. ‘@free.kindle.com’ emails are free but can only be saved to your device when it is connected to wi-fi. ‘@kindle.com’ emails can be delivered even when you are not connected to wi-fi, but note that service fees apply.

Find out more about the Kindle Personal Document Service.

  • The Responsibility of States
  • Antal Berkes, Brunel University
  • Book: International Human Rights Law Beyond State Territorial Control
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108886543.006
Available formats
×

Save book to Dropbox

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Dropbox.

  • The Responsibility of States
  • Antal Berkes, Brunel University
  • Book: International Human Rights Law Beyond State Territorial Control
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108886543.006
Available formats
×

Save book to Google Drive

To save content items to your account, please confirm that you agree to abide by our usage policies. If this is the first time you use this feature, you will be asked to authorise Cambridge Core to connect with your account. Find out more about saving content to Google Drive.

  • The Responsibility of States
  • Antal Berkes, Brunel University
  • Book: International Human Rights Law Beyond State Territorial Control
  • Online publication: 16 June 2021
  • Chapter DOI: https://doi.org/10.1017/9781108886543.006
Available formats
×