Responsibility of Third-Party States in the Territory of the Turkish Republic of Northern Cyprus with Emphasis on the Jurisprudence of the European Court of Human Rights
Keywords:
unrecognized entities, overall control, effective control, holding states accountable, jurisdiction of the European Court of Human RightsAbstract
The issue of the responsibility of third-party states in the territory of unrecognized entities is a subject that has garnered attention in international courts and state practices. The main objective of this study is to answer the question: Considering international law rules and the jurisprudence of international courts, particularly the European Court of Human Rights, under what criteria and conditions can violations of international obligations, especially in the field of human rights, be attributed to third-party states in the territory of unrecognized entities? In this regard, using a descriptive-analytical method, the responsibility of third-party states, the attribution of acts to third-party states, the type of control exerted by third-party states, and the jurisdiction of the adjudicating court are analyzed from the perspective of international law and the jurisprudence of the European Court of Human Rights. The results indicate that certain measures, such as overall control and effective control, have faced challenges and have not been able to adequately safeguard human rights.
References
Álvarez Ortega, E. L. (2015). The attribution of international responsibility to a State for conduct of private individuals within the territory of another State. InDret, 1, 1-44.
Crawford, J. (2002). The Draft Articles on Responsibility of States For International Wrongful Acts. Cambridge University Press. https://doi.org/10.2307/3070683
Crawford, J. (2006). The Creation of States in International Law. Clarendon Press, Oxford.
Ebrahim-Gol, A. (2015). International Responsibility of the State: Text and Commentary on the Articles of the International Law Commission. Shahr-e-Danesh.
Gibeny, M., Tomasevski, K., & Vedsted-Hansen, J. (1999). Transnational State Responsibility for Violation of Human Rights. Harvard Human Rights Journal, 129.
Hakim, M. (2010). State Bystander Responsibility. European Journal of International Law, 21(2). https://doi.org/10.1093/ejil/chq037
I.L.C. (1978). Year Book of the International Law Commission, Volume II, Documents of the thirtieth session (excluding the report of the Commission to the General Assembly). New York.
Lauterpacht, E. (2022). The Turkish Republic of Northern Cyprus - The Status of the two Communities in Cyprus. Republic of Türkiye Ministry of Foreign Affairs- C.B.E., Q.C.
Mafi, H. (2015). Reflections on Sanctions from the Perspective of Public International Law. Comparative Law Research Journal, 1(2), 115-159.
McCorquodale, R. (2010). Non-state actors and international human rights law. Research Handbook on International Human Rights Law. https://doi.org/10.4337/9781849803373.00009
Milanovic, M. (2011). Extraterritorial Application of Human Rights Treaties: Law, Principles, and Policy. Oxford University Press. https://doi.org/10.1093/acprof:oso/9780199696208.001.0001
Negahban, N. (2020). Introduction to the National Archives of the Turkish Republic of Northern Cyprus. National Archives Journal, 6(3 & 4), 20-53.
Pegg, S. (2017). Twenty Years of De Facto State Studies: Progress, Problems, and Prospects. Oxford Research Encyclopedia of Politics. https://doi.org/10.1093/acrefore/9780190228637.013.516
Sassoli, A. (2002). State Responsibility for Violations of International Humanitarian Law. International Review of the Red Cross, 84(846). https://doi.org/10.1017/S1560775500097753
Talmon, S. (2009). The Responsibility of Outside Powers for Acts of Secessionist Entities. International and Comparative Law Quarterly, 58(3), 493-517. https://doi.org/10.1017/S0020589309001171
Downloads
Published
Submitted
Revised
Accepted
Issue
Section
License
Copyright (c) 2025 saeed rahaei (Corresponding author)
This work is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.
