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1 results

  • 4 - The Human Rights Obligations of Non-state Actors

  • Antal Berkes, Brunel University
  • Book:
    International Human Rights Law Beyond State Territorial Control
    Published online:
    16 June 2021
    Print publication:
    17 June 2021, pp 149-206

  • Summary

    International human rights law binds non-state actors when they exercise effective control over the territory and imposes on them positive obligations in accordance with their effectiveness. Among possible legal bases, the de facto control theory is the most widely accepted explanation under which territorial control, irrespective of the legal title, instigates certain obligations. The chapter first explains that international human rights law has a binding effect on peace operations and de facto regimes. Second, it demonstrates that the specificity of the limits of their positive obligations results from the immunities of peace operations, on the one hand, and from the non-recognised status of de facto regimes, on the other.