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2 results

  • 7 - State responsibility and diplomatic protection

  • Edited by Emily Crawford, University of Sydney, Alison Pert, University of Sydney, Ben Saul, University of Sydney
  • Book:
    Public International Law
    Published online:
    09 May 2023
    Print publication:
    23 May 2023, pp 180-211

  • Summary

    To explain the law of state responsibility and diplomatic protection, it helps to distinguish between primary rules and secondary rules. The primary rules of international law provide that certain acts or omissions are unlawful – for example, the law on the use of force would be considered primary rules of international law, a breach of which would be an internationally wrongful act. When those primary rules are breached, it is the secondary rules – the law of state responsibility – that come into play, to determine inter alia the consequences of that initial wrongful act, whether the wrongful act was committed by a state (thereby entailing that state’s responsibility), and what action the ‘wronged state’ may take in reply. The rules on state responsibility cover wrongful acts committed against another state, as well as certain wrongful acts committed against nationals of the state, including corporations; the law of diplomatic protection solely concerns how a state may raise a claim against another state for a wrong committed against one of its nationals, rather than against the state itself.

  • The European Court of Human Rights has the Turkish Security Forces Held Responsible for Violations of Human Rights: The Case of Akdivar and Others

  • Leo Zwaak
  • Journal:
    Leiden Journal of International Law / Volume 10 / Issue 1 / March 1997
    Published online by Cambridge University Press:
    02 March 2004, pp. 99-110
    Print publication:
    March 1997

  • In this article, special attention will be given to the recent judgment of the European Court of Human Right in the case of Akdivar and Others v. Turkey. Since 1985, a violent conflict has raged in the South-Eastern region of Turkey, between the Turkish security forces and sections of the Kurdish population in favour of Kurdish autonomy, in particular members of the PKK (Workers' Party of Kurdistan). Since 1987, 10 of the 11 provinces of South-Eastern Turkey have been subjected to emergency rule, which was in force at the time of the facts complained of. The main issue in this case concerned the fact that during this conflict, a large number of villages have been destroyed and evacuated by the security forces. According to the applicants, the alleged burning of their houses by the security forces constituted, inter alia, a violation of Article 3 (the prohibition of torture and inhuman treatment or punishment) and Article 8 (the right of respect for private life, family life, and home) of the European Convention on Human Rights (ECHR), and Article 1 of Protocol No. 1 (property rights).