عنوان

State Responsibility and the Right to Personal Security in the drc:

شماره

LA108155

زبان متن نوشتاري يا گفتاري و مانند آن

انگلیسی

عنوان اصلي

State Responsibility and the Right to Personal Security in the drc:

نام عام مواد

[Article]

ساير اطلاعات عنواني

A Human Rights Law Perspective

نام نخستين پديدآور

Gentil Kasongo Safari

محل نشرو پخش و غیره

Leiden

نام ناشر، پخش کننده و غيره

Brill | Nijhoff

متن يادداشت

The right to personal security has been grossly violated in eastern Democratic Republic of Congo for nearly two decades by persistent armed conflicts. Ensuring this right through justice in such a complex context is particularly challenging but feasible. This paper examines whether the drc should be judicially held accountable for violations of the right to personal security. Drawing on case-law, international practice and literature in the field of human rights, the paper demonstrates that under the doctrine of State responsibility the drc has the duty to exercise due diligence in protecting its inhabitants through legislation, precautionary measures and prosecution. It also explains, however, that the drc's responsibility may not be established under certain mitigating circumstances and factors, such as loss of part of territorial control, the necessity of granting amnesty to some perpetrators of human rights violations and the difficulty of judicially determining the minimum core of the right to personal security. The paper concludes that the possibility of judicially holding the drc accountable for failure to respect its international human rights obligations has been demonstrated and recommends that to be capitalised by competent jurisdictions in order to improve the situation of the right to personal security on the ground. The right to personal security has been grossly violated in eastern Democratic Republic of Congo for nearly two decades by persistent armed conflicts. Ensuring this right through justice in such a complex context is particularly challenging but feasible. This paper examines whether the drc should be judicially held accountable for violations of the right to personal security. Drawing on case-law, international practice and literature in the field of human rights, the paper demonstrates that under the doctrine of State responsibility the drc has the duty to exercise due diligence in protecting its inhabitants through legislation, precautionary measures and prosecution. It also explains, however, that the drc's responsibility may not be established under certain mitigating circumstances and factors, such as loss of part of territorial control, the necessity of granting amnesty to some perpetrators of human rights violations and the difficulty of judicially determining the minimum core of the right to personal security. The paper concludes that the possibility of judicially holding the drc accountable for failure to respect its international human rights obligations has been demonstrated and recommends that to be capitalised by competent jurisdictions in order to improve the situation of the right to personal security on the ground. The right to personal security has been grossly violated in eastern Democratic Republic of Congo for nearly two decades by persistent armed conflicts. Ensuring this right through justice in such a complex context is particularly challenging but feasible. This paper examines whether the drc should be judicially held accountable for violations of the right to personal security. Drawing on case-law, international practice and literature in the field of human rights, the paper demonstrates that under the doctrine of State responsibility the drc has the duty to exercise due diligence in protecting its inhabitants through legislation, precautionary measures and prosecution. It also explains, however, that the drc's responsibility may not be established under certain mitigating circumstances and factors, such as loss of part of territorial control, the necessity of granting amnesty to some perpetrators of human rights violations and the difficulty of judicially determining the minimum core of the right to personal security. The paper concludes that the possibility of judicially holding the drc accountable for failure to respect its international human rights obligations has been demonstrated and recommends that to be capitalised by competent jurisdictions in order to improve the situation of the right to personal security on the ground. The right to personal security has been grossly violated in eastern Democratic Republic of Congo for nearly two decades by persistent armed conflicts. Ensuring this right through justice in such a complex context is particularly challenging but feasible. This paper examines whether the drc should be judicially held accountable for violations of the right to personal security. Drawing on case-law, international practice and literature in the field of human rights, the paper demonstrates that under the doctrine of State responsibility the drc has the duty to exercise due diligence in protecting its inhabitants through legislation, precautionary measures and prosecution. It also explains, however, that the drc's responsibility may not be established under certain mitigating circumstances and factors, such as loss of part of territorial control, the necessity of granting amnesty to some perpetrators of human rights violations and the difficulty of judicially determining the minimum core of the right to personal security. The paper concludes that the possibility of judicially holding the drc accountable for failure to respect its international human rights obligations has been demonstrated and recommends that to be capitalised by competent jurisdictions in order to improve the situation of the right to personal security on the ground.

تاريخ نشر

2014

توصيف ظاهري

233-251

عنوان

African Journal of Legal Studies

شماره جلد

7/2

شماره استاندارد بين المللي پياييندها

1708-7384

اصطلاح موضوعی

Democratic Republic of Congo

اصطلاح موضوعی

Due Diligence

اصطلاح موضوعی

Loss of Territorial Control

اصطلاح موضوعی

Minimum Core Standard

اصطلاح موضوعی

Right to Personal Security

اصطلاح موضوعی

State Responsibility

مستند نام اشخاص تاييد نشده

Gentil Kasongo Safari

شماره بازیابی

10.1163/17087384-12342027

نام الکترونيکي

فرمت انتشار

p

نوع ماده

[Article]

کد کاربرگه

275578

سطح دسترسي

a

تكميل شده

Y