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38 Monitoring Human Rights Obligations And The Fight Against Terrorism: Whose Obligations? And Monitored How?

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Chapter Summary

It is self-evident that the notion of human rights obligations primarily refers to States as duty-bearers, also in the context of the fight against terrorism. This chapter addresses the question: who else but States might have human rights obligations relevant in the context of terrorism, and the fight against it? In order to address the question whether private actors and inter-governmental organisations violate human rights, the human rights community needs to think seriously about the mechanisms that allows the establishment of such violations as an end result of an adequate monitoring mechanism. At least three alternative avenues need to be examined for providing such mechanisms that enable the accountability of non-State actors in the form of a reasoned finding of a human rights violation. Since 1990, the evolution and revolution of international criminal law helps to fill in the gaps that exist in enforcing human rights against others than States.

Keywords: fight against terrorism; human rights obligations; inter-governmental organisations; international criminal law



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