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.
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Michelle Bachelet, UN High Commissioner for Human Rights and Albie Sachs, Former Judge of the South African Constitutional Court, will reflect on the current human rights challenges and how to move the human rights agenda forward.
UN Photo / Jean-Marc Ferré
This training course will explore the origin and evolution of the Universal Periodic Review (UPR) and its functioning in Geneva and will focus on the nature of implementation of the UPR recommendations at the national level.
Organized by the International Committee of the Red Cross (ICRC) and the Geneva Academy, this advanced seminar aims to enhance the capacity of lecturers and researchers to teach and research international humanitarian law contemporary issues, addressing both substantive and pedagogical aspects.
Medical Aid for Palestinians / Ezz Al Zanoon
This project aims to ensure better protection of and assistance for persons with disabilities in situations of armed conflict or its aftermath by identifying legal obligations to protect and assist persons with disabilities during conflict, and the policies and practices required to put these obligations into effect.
This research project looked at the reactions to norms of more than 30 armed groups worldwide.