The Historical Roots of the Due Diligence Standard

Abstract This chapter analyses the historical roots of the due diligence standard. It looks at early examples of primary obligations with a due diligence component in the law pertaining to the protection of foreigners and representatives of foreign states, in the law of neutrality, and in early international humanitarian law. The chapter identifies a series of criteria for the application of due diligence which are still widely relevant today, such as the means at the disposal of a concerned state, a state’s control over its territory, or the predictability of harm.