Non-State Actors

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

Andrew Clapham

Graduate Institute of International and Development Studies

Date Written: December 19, 2016

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 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

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

Andrew Clapham (Contact Author)

Graduate Institute of International and Development Studies ( email )

PO Box 136
Geneva, CH-1211
Switzerland

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