‘Taking Off the Blindfolds: Torture by Non-State Actors’

1 Human Rights Law Review (2001) 189-218 (with Rebecca La Forgia)

Posted: 21 Jun 2012

See all articles by Robert McCorquodale

Robert McCorquodale

British Institute of International and Comparative Law; University of Nottingham

Date Written: 2001

Abstract

International human rights law has traditionally been concerned with obligations of the State towards people within its jurisdiction, with human rights treaties being drafted, by States, to place direct legal obligations on States alone for actions by the State. This approach to international human rights has been challenged by some recent developments, especially in relation to allegations of violations of the prohibition against torture. This article will consider the case of Sadiq Shek Elmi v. Australia (Elmi), where it was considered that actions by non-State actors could, under certain circumstances, lead to international human rights obligations on States.

It will be shown that the Elmi decision is consistent with the jurisprudence of those international human rights supervisory bodies in which obligations on States arise for actions by non-State actors. It is also part of a gradual movement away from an international legal system focussed almost solely on the actions of States.

Keywords: international law, human rights, torture, non-state actors

JEL Classification: K1, K33

Suggested Citation

McCorquodale, Robert, ‘Taking Off the Blindfolds: Torture by Non-State Actors’ (2001). 1 Human Rights Law Review (2001) 189-218 (with Rebecca La Forgia) . Available at SSRN: https://ssrn.com/abstract=2088893

Robert McCorquodale (Contact Author)

British Institute of International and Comparative Law ( email )

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London WC1B 5JP
United Kingdom

HOME PAGE: http://www.biicl.org

University of Nottingham ( email )

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Nottingham NG7 2RD
United Kingdom

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