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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