The territorial State's human rights obligations in areas of limited statehood

Linda Hamid

Chapter 4 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 56-69 from Edward Elgar Publishing

Abstract: This chapter examines the challenges in human rights protection in areas where the territorial State has lost effective control as a result of conflict, separatist movements or military occupation, among others. Such areas of limited statehood often create a legal gap in terms of human rights protection, raising questions about which actors – State or non-state – are responsible for ensuring individual rights and freedoms therein. Focussing on the perspective of the territorial State, this chapter first identifies the circumstances leading to the creation of a legal vacuum in areas of limited statehood (section 2). It then assesses the continued human rights obligations of the territorial State toward individuals in areas beyond its control from the perspective of the European Convention on Human Rights and relevant United Nations human rights treaties (section 3). Lastly, the chapter also considers the territorial State's role in the effective realisation of human rights in such areas (section 4).

Keywords: Limited statehood; Legal vacuum; Human rights; Jurisdiction; Positive obligations; Accountability (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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