State Bystander Responsibility

This article discusses States' general obligations under international human rights law to protect individuals from abuses committed by third parties. The article argues that the scope of the State's duty to protect from third-party harm depends on the relation between the State and the third-party, as well as the type of harm. The article specifically addresses the responsibility of States to protect women from private acts of violence, an obligation that is described as both extensive and disjointed. The article thus proposes a generalized framework for State bystander responsibility, whereby the State is required to take certain measures to restrain third-party abusers. The framework is based on the State's relationship with the abuser and the nature of harm, both of which are discussed in detail. The article also discusses the use of this framework to determine the scope of States' obligations in situations of widespread gender-based violence.