The Challenge of Non-State Actors for Human Rights Law

Abstract:     
It is increasingly recognized that human rights law has to address the challenge posed by non-state actors. This chapter starts with a reflection on how the term ‘non-state actor’ is used and why it is appropriate to look at the impact of non-state actors on the enjoyment of human rights. It then recalls the ‘positive obligations’ of states to protect those within their jurisdiction from abuses by non-state actors. Finally, it considers the human rights obligations of different non-state actors: international organizations, certain non-state actors under international criminal law, corporations, and armed non-state entities. The chapter argues that we should meet the following challenges: extending and translating certain norms so that they clearly denote the obligations of non-state actors; creating and adapting specific institutions to ensure jurisdiction over the activities of non-state actors; and adjusting our assumptions about who are the duty bearers in the human rights regime.

Number of Pages in PDF File: 21

Keywords: Non-State Actors, Human Rights, Corporations, Corporate Responsibility, Armed Opposition Groups, International Organizations, UN Human Rights Council, Security Council

Accepted Paper Series