Book contents
- International Human Rights Law Beyond State Territorial Control
- Cambridge Studies in International and Comparative Law: 156
- International Human Rights Law Beyond State Territorial Control
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 The Legal Effect of Effective Control over Territory
- 3 The Human Rights Obligations of States
- 4 The Human Rights Obligations of Non-state Actors
- 5 The Responsibility of States
- 6 The Responsibility of Non-state Actors
- 7 Judicial Control Mechanisms
- 8 Non-judicial Control Mechanisms
- 9 General Conclusions
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law: 156
5 - The Responsibility of States
Published online by Cambridge University Press: 16 June 2021
- International Human Rights Law Beyond State Territorial Control
- Cambridge Studies in International and Comparative Law: 156
- International Human Rights Law Beyond State Territorial Control
- Copyright page
- Contents
- Foreword
- Acknowledgements
- Abbreviations
- 1 Introduction
- 2 The Legal Effect of Effective Control over Territory
- 3 The Human Rights Obligations of States
- 4 The Human Rights Obligations of Non-state Actors
- 5 The Responsibility of States
- 6 The Responsibility of Non-state Actors
- 7 Judicial Control Mechanisms
- 8 Non-judicial Control Mechanisms
- 9 General Conclusions
- Bibliography
- Index
- Cambridge Studies in International and Comparative Law: 156
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.
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- International Human Rights Law Beyond State Territorial Control , pp. 207 - 261Publisher: Cambridge University PressPrint publication year: 2021