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The European Convention on Human Rights and General International Law$
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Anne van Aaken and Iulia Motoc

Print publication date: 2018

Print ISBN-13: 9780198830009

Published to Oxford Scholarship Online: November 2018

DOI: 10.1093/oso/9780198830009.001.0001

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The Structure of State Responsibility under the European Convention on Human Rights

The Structure of State Responsibility under the European Convention on Human Rights

Chapter:
(p.178) 9 The Structure of State Responsibility under the European Convention on Human Rights
Source:
The European Convention on Human Rights and General International Law
Author(s):

James Crawford

Amelia Keene

Publisher:
Oxford University Press
DOI:10.1093/oso/9780198830009.003.0010

While some commentators claim that the rules of State responsibility are irrelevant in applying the European Convention on Human Rights, the rules of State responsibility operate on the completely contrary assumption that they fully apply in the human rights context. The jurisprudence of the European Court of Human Rights sits somewhere between these two positions. In some cases, the State responsibility rules have not been applied, such as when the Court developed a novel ‘acquiescence or connivance’ rule to hold a third State responsible for the acts of another State on its territory (El-Masri) despite Article 16 of the Articles on State Responsibility (ARSIWA); or refused to apply Article 7 of the Articles on the Responsibility International Organisations (ARIO) (Behrami). Nevertheless, more recent cases show that the Court is more fully applying the rules on State responsibility, pulling back from some of its earlier departures (Kotov; Al Nashiri).

Keywords:   human rights, state responsibility, ECtHR, ARSIWA, ARIO

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