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5 - The Responsibility of States

Published online by Cambridge University Press:  16 June 2021

Antal Berkes
Affiliation:
Brunel University
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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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Chapter
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Publisher: Cambridge University Press
Print publication year: 2021

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  • 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
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  • 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
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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
×