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4 - Jurisdiction in International Law and State Responsibility

Why Accountability Cannot Protect the Human Rights of Hostages

Published online by Cambridge University Press:  14 October 2021

Sofia Galani
Sofia Galani
Affiliation:
University of Bristol
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Summary

This chapter will evaluate the legal framework upon which the responses of states to terrorist and pirate hostage-taking have been premised. The exercise of jurisdiction over alleged offenders and the responsibility of states for failing to prevent or sanctioning hostage-taking in their territories will be discussed. This chapter will explain why by holding individuals or states accountable for hostage-taking, the human rights of victims are not effectively protected. By discussing the development of jurisdiction in international law and state responsibility and by applying these concepts to hostage-taking, it will be explained why they have left a gaping hole in the protection of the human rights of hostages.

Keywords

jurisdictionaut dedere aut juridaretreaty-based jurisdictionuniversal principlestate responsibilityARSIWAnon-state actors
Type
Chapter
Information
Hostages and Human Rights
Towards a Victim-Centred Approach
 , pp. 78 - 116
Publisher: Cambridge University Press
Print publication year: 2021

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