Non-state Actors and International Human Rights Law

Abstract

Non-state actors cannot breach international human rights law. Actions by an organisation, 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 sole 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.