INTERNATIONAL HUMAN RIGHTS LAW, Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, & David Harris, eds., 3rd edn Oxford University Press, Forthcoming
29 Pages Posted: 18 Jun 2010 Last revised: 19 Dec 2016
Date Written: December 19, 2016
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 ac-tors 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.
Keywords: Non-State Actors, Human Rights, Corporations, Corporate Responsibility, Armed Opposition Groups, International Organizations, UN Human Rights Council, Security Council
Suggested Citation: Suggested Citation
Clapham, Andrew, Non-State Actors (December 19, 2016). INTERNATIONAL HUMAN RIGHTS LAW, Daniel Moeckli, Sangeeta Shah, Sandesh Sivakumaran, & David Harris, eds., 3rd edn Oxford University Press, Forthcoming . Available at SSRN: https://ssrn.com/abstract=1626284
By Jordan Paust