New Publication Explores State Responsibility for Human Rights Violations Committed by Armed Non-State Actors in its Territory

M-13 combatttants in the Democratic Republic of the Congo M-13 combatttants in the Democratic Republic of the Congo

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.

De Facto Control Over a Territory by an ANSA: Lack of Remedy for Human Rights Violations

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.

Addressing the Protection Gap

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.

MORE ON THIS THEMATIC AREA

soldiers News

New Publication Examines the Effects of Private Military and Security Companies

12 March 2025

Our latest research brief examines how Private Military and Security Companies have reshaped warfare, international law, and global stability.

Read more

IHL Lab Geneva Academy News

Addressing Compliance Gaps in Arms Transfers - is the Arms Trade above International Law?

28 May 2025

Organized with the Women’s International League for Peace and Freedom, the Quaker United Nations Office in Geneva, and the European Center for Constitutional and Human Rights, this event explored legal gaps and accountability failures in global arms transfers.

Read more

Warzone Event

Advanced IHL Seminar for Academics and Policymakers

25-29 August 2025, 09:00-17:30

Co-hosted with the ICRC, this event aims to enhance the capacity of academics to teach and research international humanitarian law, while also equipping policymakers with an in-depth understanding of ongoing legal debates.

Read more

A general view of participants during of the 33nd ordinary session of the Human Rights Council. Training

The Universal Periodic Review and the UN Human Rights System: Raising the Bar on Accountability

10-14 November 2025

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.

Read more

Open dump Training

Protecting Human Rights and the Environment

15-19 September 2025

Participants in this training course will gain practical insights into UN human rights mechanisms and their role in environmental protection and learn about how to address the interplay between international human rights and environmental law, and explore environmental litigation paths.

Read more

A destroyed camp for internally displaced persons (IDPs) in Khor Abeche, South Darfur, Project

Understanding the Relationship between Conflict, Security and the Human Right to a Clean, Healthy and Sustainable Environment

Started in May 2023

This project will develop guidance to inform security, human rights and environmental debates on the linkages between environmental rights and conflict, and how their better management can serve as a tool in conflict prevention, resilience and early warning.

Read more

Session of a UN Treaty Body Project

Treaty Bodies Individual Communications Procedures

Started in January 2019

Read more

Cover of the 2023 Geneva Academy Annual Report Publication

Annual Report 2024

published on July 2025

Read more