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The Act of State: the State of the Act Judicial Interpretation and Human Rights Enforcement

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Chapter Summary

This chapter deals with two different legal issues that were not for the pun; one would have difficulty in thinking of relation with each other. On the one hand, a well-known doctrine of international law: the definition of an act of the State for the purpose of attributing conduct to the State, thereby triggering international responsibility; and, on the other, the scope of the Act of State doctrine, a municipal law doctrine, with quite a few international law underpinnings, mainly developed in common-law countries, which preclude domestic courts from passing judgment on the conduct of a foreign State carried out in its own territory. The chapter explores international case law, particularly the conflicting or perhaps evolving, jurisprudence of international tribunals with regard to the attribution to a State of conduct involving human rights atrocities and humanitarian law violations perpetrated by military and paramilitary groups in armed conflict.

Keywords: act of state doctrine; armed conflict; human rights enforcement; humanitarian law violations; international law interpretation; law of stateresponsibility

10.1163/ej.9789004153837.i-1236.33
/content/books/10.1163/ej.9789004153837.i-1236.33
dcterms_subject,pub_keyword
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