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1 results

  • 5 - The Responsibility of States

  • Antal Berkes, Brunel University
  • Book:
    International Human Rights Law Beyond State Territorial Control
    Published online:
    16 June 2021
    Print publication:
    17 June 2021, pp 207-261

  • 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.