Journal Article

State Bystander Responsibility

Monica Hakimi

in European Journal of International Law

Published on behalf of The EJIL

Volume 21, issue 2, pages 341-385
Published in print May 2010 | ISSN: 0938-5428
Published online May 2010 | e-ISSN: 1464-3596 | DOI: https://dx.doi.org/10.1093/ejil/chq037
State Bystander Responsibility

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International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must protect someone from third-party harm depends on the state's relationship with the third party and on the kind of harm caused. A duty-holding state must take reasonable measures to restrain the abuser. That framework is grounded in international law and intended to guide decisions in concrete cases. So after presenting and justifying the framework, the article applies it to two current debates in human rights law: when must a state protect against third-party harms committed outside its territory? And what must states do to protect women from private acts of violence? The article ends by suggesting how the same framework may inform analogous obligations outside human rights law.

Journal Article.  25208 words. 

Subjects: Public International Law

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