McCorquodale, Robert --- "Non-state Actors and International Human Rights Law" [2010] ELECD 193; in Joseph, Sarah; McBeth, Adam (eds), "Research Handbook on International Human Rights Law" (Edward Elgar Publishing, 2010)

Book Title: Research Handbook on International Human Rights Law

Editor(s): Joseph, Sarah; McBeth, Adam

Publisher: Edward Elgar Publishing

ISBN (hard cover): 9781847203687

Section: Chapter 4

Section Title: Non-state Actors and International Human Rights Law

Author(s): McCorquodale, Robert

Number of pages: 18

Extract:

4. Non-state actors and international human
rights law
Robert McCorquodale*



1 Introduction
Non-state actors cannot breach international human rights law. Actions by any
organization, group or individual that is not a state, irrespective of the severe
impact that those actions may have on the human rights of others, cannot cause
a violation of international human rights law. This disturbing situation arises
because international human rights law has been created to place the legal
obligations on states, and states alone. This chapter will examine the reason
for this legal position and demonstrate the attempts taken, especially by the
international human rights treaty monitoring bodies, to deal with the actions of
non-state actors that violate human rights. It will also offer ways forward, both
conceptually and practically, to ensure the greater protection of human rights,
no matter who is the perpetrator of the violation.

2 Non-state actors
There have been many definitions offered for those participants in the inter-
national legal system which are not states. Some of these definitions have
focused on a particular context, such as internal armed conflict or trade, with
the European Union defining non-state actors as those in the private sector,
economic and social partners (including trade union organizations) and civil
society `in all its forms according to national characteristics'.1 A broader-
based definition includes all organizations:

· Largely or entirely autonomous from central government funding and control:
emanating from civil society, or from the market economy, or from political
impulses beyond ...