5 - International Human Rights Law and the Human Rights of Hostages

Summary

This chapter discusses the development of negative and positive human rights obligations under international human rights law (IHRL) and their applicability to hostage-taking. It is shown that the development of IHRL can be fundamental for the protection of the human rights of hostages, filling in the gaps left by jurisdiction in international law and state responsibility, as states have a duty to protect the human rights of hostages by adopting all possible measures to prevent hostage-taking; taking action to end the violations that hostages suffer at the hands of their abductors; investigating a hostage incident and rescue operation; and compensating the victims. Chapter 5 also discusses the jurisdictional limitations of the human rights framework which sit uncomfortably in the transboundary nature of hostage-taking. The second part of the chapter therefore reassesses the human rights obligations of states which operate beyond their borders in order to release hostages.