freely and without fear of reprisals or other harm. Furthermore, they should take
proactive educative steps to promote a human rights culture in their societies so
that it is considered normal for individuals and groups to stand up for human rights
in their interactions with authorities and with fellow citizens.
21. The obligation to respect, protect and fulfil human rights and, more specifically,
the rights of human rights defenders (including the right to defend human rights as
such) applies to states in their entirety. As the UN Human Rights Committee, for
example, stated: “the obligations of the Covenant […] are binding on every State
Party as a whole. All branches of government (executive, legislative and judicial),
and other governmental authorities, at whatever level – national, regional or local
– are in a position to engage the responsibility of the State Party.” From this it
follows that all branches of the government at all levels have responsibilities with
regard to the rights of human rights defenders, and that the state is not relieved
from responsibility if, for example, the executive claims that violations result
from actions by another branch of government or by municipal authorities.25 Furthermore, the state may be responsible for wrongful acts under international law
against human rights defenders committed by individuals or groups that have no
formal status as state official or organ, if these individuals or groups act as de facto
state organs. This is, for example, the case when such individuals or groups act
under specific instructions or subsequent public approval dispensed by the state
(for the responsibility of the state concerning the prevention and punishment of
abuses by non-state actors see below).26
25 See Ibid. paras. 6-8. It should also be noted in this context that, in accordance with the Human Rights
Committee’s interpretation of states’ obligations under the ICCPR, the obligations of states as set out here also
apply extraterritorially, for example, in relation to the forces of a State acting outside its territory. See General
Comment No. 31, para. 10.
26 See The Prosecutor v. Duško Tadic, “Judgement of the Appeals Chamber of the International Tribunal for
the Prosecution of Persons Responsible for Serious Violations of International Humanitarian Law Committed
in the Territory of the Former Yugoslavia since 1991”, the International Criminal Tribunal for the former Yugoslavia, Case No.: IT-94-1-A, 15 July 1999. As far as structured and hierarchically organized military groups are
concerned, the state is responsible for acts committed by the group if it is acting under the “overall control” of
the state, meaning that the state “has a role in organising, coordinating or planning the military actions of the
military group, in addition to financing, training and equipping or providing operational support to that group.
Acts performed by the group or members thereof may be regarded as acts of de facto State organs regardless
of any specific instruction by the controlling State concerning the commission of each of those acts.” See ibid.
para. 137.
Guidelines on the Protection of Human Rights Defenders
29
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