Accountability for Human Rights Violation in Contested State-Like Entities â The Case of Transnistria

Natalia Cwicinskaja

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Chapter 15 Accountability for Human Rights Violation in Contested State-Like Entities â The Case of Transnistria

In: European Yearbook on Human Rights 2024

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Natalia Cwicinskaja

Natalia Cwicinskaja
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Type:: Chapter

Pages:: 445â482

DOI:: https://doi.org/10.1163/9789004708389_016

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Abstract

The objective of this contribution is to study whether international human rights law applies to one of the contested state-like entities, namely the Transnistrian Moldavian Republic (Transnistria). The entity has effective control over its territory, has established its own legal system and is able to enforce this law on controlled territory. Despite the prevailing opinion that non-state actors (including contested entities) are capable of incurring liability, the international and regional accountability mechanisms that are established by the human rights treaty frameworks are almost not accessible to the inhabitants of this entity. The case of Transnistria seems to confirm that its legal accountability for human rights violations still depends to a large extent on local legislation. This contribution provides a brief description of the current state of discussions on the liability of contested entities and the existing practice in this field, with particular reference to Transnistria. It discusses local legislation, paying special attention to instruments aimed at protecting human rights. The role of international involvement in establishing local systems of human rights protection and improving the human rights situation in the entity is crucial. Due to such involvement local authorities have been changing their approach to the issue of respect for human rights.

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European Yearbook on Human Rights 2024

Series:Â European Yearbook on Human Rights, Volume: 1

E-Book ISBN:: 9789004708389

Publisher:: Brill | Nijhoff

Print Publication Date:: 07 Mar 2025

Subjects
- Human Rights and Humanitarian Law
  - Human Rights
- International Law
  - International Law: Regional Perspectives

Front Matter

Part 1 Human Rights Developments in EUROPE and Beyond

Part 2 Jurisprudence by the Courts

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Chapter 15 Accountability for Human Rights Violation in Contested State-Like Entities â The Case of Transnistria

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European Yearbook on Human Rights 2024

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Chapter 15 Accountability for Human Rights Violation in Contested State-Like Entities â The Case of Transnistria