Non-state actors and human rights

2013 ◽  
pp. 656-686
Author(s):  
Ilias Bantekas ◽  
Lutz Oette
Keyword(s):  
Human Rights ◽  
State Actors

Human rights obligations of non-state actors in conflict situations

2006 ◽  
Vol 88 (863) ◽  
pp. 491-523 ◽  
Author(s):  
Andrew Clapham
Keyword(s):  
Human Rights ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
Human Rights Abuses ◽  
Conflict Situations ◽  
Private Military Companies ◽  
International Obligations ◽  
State Actors ◽  
Human Rights Norms

AbstractThe threat to human rights posed by non-state actors is of increasing concern. The author addresses the international obligations of belligerents, national liberation movements and insurgent entities, looks at the growing demands that such armed groups respect human rights norms and considers some of the options for holding private military companies accountable with regard to human rights abuses. The argument developed throughout this article is that all sorts of non-state actors are increasingly expected to comply with principles of international human rights law.

Conflict, ‘terrorism’ and non-state actors

2020 ◽  
pp. 141-154
Author(s):  
Féilim Ó hAdhmaill ◽  
Mike Ritchie
Keyword(s):  
Human Rights ◽  
Conflict Situation ◽  
International Humanitarian Law ◽  
International Human Rights Law ◽  
Humanitarian Law ◽  
Human Rights Law ◽  
International Human Rights ◽  
International Human ◽  
State Actors ◽  
Global Peace

International Human Rights Law is supposed to operate at all times. However, during war/conflict it is often suspended to address an ‘emergency’. International Humanitarian Law attempts to deal with human rights protections during the specific circumstances of war. However, what happens when states refuse to recognise a conflict situation as a ‘war’? In a world where violent conflict increasingly involves non-state actors, where does that leave existing international human rights’ mechanisms? This chapter looks at the changing forms of conflict globally and the development of what has been termed ‘terrorism’. It critically assesses the concept of ‘terrorism’ and discusses the difficulties it poses for social science, universal human rights and the development of equality, stability and global peace.

Human Rights Obligations of Armed Groups

2019 ◽  
pp. 444-462
Author(s):  
Andreas Th Müller
Keyword(s):  
Human Rights ◽  
Potential Application ◽  
Armed Conflicts ◽  
Human Rights Law ◽  
Armed Groups ◽  
The Past ◽  
Legal Obligations ◽  
Human Rights Treaties ◽  
Recent Developments ◽  
State Actors

One of the asymmetries faced by military missions in areas of limited statehood are diverging legal obligations of state and non-state actors, in particular in relation to human rights duties. From a perspective of states bound by human rights treaties, there is a certain danger that armed groups opposing them might abuse the obligations incumbent upon state actors. Against this perception, the potential application of human rights law to armed groups is not only relevant as a tool for protecting civilians but also from a reciprocity perspective in view of the fluidity of armed conflicts and with a view to convergence of standards. The chapter assesses how international law and international legal practice in relation to armed groups have evolved over the past decade. It takes stock of recent developments and analyses the degree to which human rights obligations apply to armed groups.

5. Personality, statehood, and recognition

2019 ◽  
pp. 58-71
Author(s):  
Ilias Bantekas ◽  
Efthymios Papastavridis
Keyword(s):  
Human Rights ◽  
Multinational Corporations ◽  
International Organizations ◽  
Foreign Relations ◽  
Legal Personality ◽  
Government Capacity ◽  
State Actors ◽  
Territory Government ◽  
International Legal Personality

This chapter examines the meaning of international legal personality and the range of actors that possess such personality, namely States, international organizations, individuals, multinational corporations, and several other non-State actors. Given the centrality of States, the criteria for statehood are analysed, and both traditional and contemporary criteria are discussed. Article 1 of the 1933 Montevideo Convention is used for assessment of whether an entity satisfies these criteria which include: permanent population, a defined territory, government, capacity to enter into foreign relations, and the relevance of human rights. Competing theories regarding the role of recognition by third States as an element of statehood are also considered. Equally, the rights and duties of non-State actors are analysed in terms of capacity conferred upon them under international law.

Part VI Human Rights and General International Law, Ch.33 Transnational Litigation: Jurisdiction and Immunities

2013 ◽  
Author(s):  
Keitner Chimène I
Keyword(s):  
Human Rights ◽  
International Law ◽  
Foreign Relations ◽  
Court Cases ◽  
Human Rights Abuses ◽  
National Courts ◽  
State Actors ◽  
Human Rights Norms

This article examines the issues of jurisdiction and immunities in transnational human rights litigation. It discusses the bases of asserting jurisdiction and highlights the problem in achieving consensus about the rules governing foreign official immunity. It analyses several relevant court cases including claims against foreign states, against current or former foreign officials and against non-state actors. This article argues that the horizontal enforcement of human rights norms by national courts carries the potential for both salutary and disruptive effects. It explains that while it can provide an avenue for victims of human rights abuses to obtain redress for their injuries, it can also interfere with the conduct of foreign relations with states that do not recognize the validity of national proceedings.

Part V Institutions and Actors, Ch.25 From Commission to the Council: Evolution of UN Charter Bodies

2013 ◽  
Author(s):  
Kothari Miloon
Keyword(s):  
Human Rights ◽  
United Nations ◽  
Peer Review ◽  
Periodic Review ◽  
Universal Periodic Review ◽  
Human Rights Council ◽  
The World ◽  
State Actors ◽  
The United Nations

This article examines the evolution of the United Nations� (UN) human rights agency from the UN Commission on Human Rights (UNCHR) into the UN Human Rights Council (UNHRC). It explains that UNHRC was created in March 2006 to replace the UNCHR and become the world�s premier human rights body. It evaluates the effectiveness of the UNHRC�s peer-review human rights mechanism called the Universal Periodic Review. This article also offers some suggestions on how to improve the performance of the UNHRC including changes in size and distribution of membership, membership criteria, voting patterns and participation of non-state actors.

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