25 February 2019
Part of our multi-year project that focuses on human rights responsibilities and armed non-state actors (ANSAs), our new publication State Responsibility for Human Rights Violations Committed in the State Territory by Armed Non-State Actors explores the particular aspects of state responsibility for human rights violations committed by ANSAs in its territory.
As a general fact, a state is only responsible for its own acts. But there are exceptional circumstances in which the conduct of an ANSA will invoke a state's responsibility.
The author, Tatyana Eatwell, explores various scenarios, including situations where an ANSA operates independently of any state and controls territory. She acknowledges that these situations of de facto control over a territory by an ANSA give rise to a protection gap where victims of human rights violations committed by the ANSA are left without recourse to remedy.
This question of jurisdiction does not arise for the application of international humanitarian law (IHL): in situations of armed conflict to which the ANSA is a party, the ANSA will be responsible for violations of IHL it has committed pursuant to Article 3 common to the 1949 Geneva Conventions and customary IHL.
The author, therefore, concludes that in situations of armed conflict, the state’s loss of control over part of its territory will give rise to a protection gap with respect to the substantive rights and freedoms guaranteed under international human rights law (IHRL), and not protected under IHL.
The author explains that the United Nations (UN) human rights mechanisms have sought to close this protection gap by invoking the responsibility of the ANSA itself. However, she acknowledges that there is a lack of agreement as to whether ANSAs are bound by IHRL, and if so, what the nature of their obligations might be.
‘Tatyana Eatwell recommends the development of a shared understanding of the human rights obligations of ANSAs, a path that is currently undertaken by various Special Rapporteurs’ explains Felix Kirchmeier, Manager of Policy Studies at the Geneva Academy.
‘We will continue, via our research project, to work on this issue and collaborate with UN Special Rapporteurs who are interested in exploring the role and responsibilities of ANSAs in relation to their specific mandates’ he adds.
Discover our plans for the upcoming academic year for or LLM in IHL and Human Rights and MAS in Transitional Justice.
In the context of the 2021 Human Rights Week and its academic colloquium, graduate and postgraduate researchers who obtained their PhD within the past ten years are invited to submit proposals that explore the different facets of discriminations and inequalities and discuss their human rights impact.
This online event is co-organized by the Geneva Human Rights Platform, the International Bar Association's Human Rights Institute, the Martin Ennals Award for Human Rights Defenders and the Ordre des Avocats Genève.
The 2021 Annual Conference will discuss the connectivity between national human rights actors and the Geneva-based international mechanisms.
This short course, which can be followed in Geneva or online, examines the sources of international humanitarian law (IHL). It provides an introduction to the key principles and terminology of IHL.
This short course, which can be followed in Geneva or online, will cover the ‘nuts and bolts’ of implementation, including national legislation, dissemination and training, and discuss the mechanisms such as the International Fact-Finding Commission, as set out in the treaties.
The Geneva Human Rights Platform contributes to this review process by providing expert input via different avenues, by facilitating dialogue on the review among various stakeholders, as well as by accompanying the development of a follow-up resolution to 68/268 in New York and in Geneva.
Cámara de Diputadas y Diputados de Chile
This project aims to gain a more comprehensive understanding of the strengths and weaknesses affecting different National Human Rights Systems.
UN PHOTO /Jean Marc Ferre