Justiciability of the Right to Security. Challenges and Prospects in the Context of the Democratic Republic of Congo

      Аннотация: The right to security has been grossly violated in the Democratic Republic of Congo for over two decades by persistent armed conflicts. Ensuring this right through justice in such a complex context is particularly challenging but feasible. Drawing on case-law, international practice and literature in the field of human rights, the book demonstrates that under the doctrine of State responsibility the DRC has the duty to exercise due diligence in protecting its inhabitants through legislation, precautionary measures and prosecution. It also explains, however, that the DRC’s responsibility may not be established under certain mitigating circumstances and factors, such as loss of part of territorial control, the necessity of granting amnesty to some perpetrators of human rights violations and the difficulty of judicially determining the minimum core of the right to security. The book concludes that the possibility of judicially holding the DRC accountable for failure to respect its international human rights obligations has been demonstrated and recommends that to be capitalised by competent jurisdictions in order to improve the situation of the right to security on the ground.

Ключевые слова: International Human Rights Law, right to security, State Responsibility, Due Diligence, duty to protect, Justiciability, Democratic Republic of Congo