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Mr. Andrew Clapham

Mr. Andrew Clapham
Professor of Public International Law Graduate Institute of International Studies, Geneva

Biography Biography in PDF

International Law
Non-State Actors
Rethinking the Role of Non-State Actors
under International Law
In this lecture I am suggesting we need a radical rethink – we need to see international law not only in terms of obligations for governments but also for non-state actors.  To those who say that international law is traditionally about the relationship between States, and human rights law is traditionally about the relationship between the individual and the State, I say that traditions change and it is time to change these traditional assumptions as they no longer reflect what is actually happening, nor what ought to happen.  I think it is time to start to engage in a radical rethink so that international law is reconceived in ways that mean it can fulfill its promise of ensuring justice and protecting human dignity, whether the threats to that dignity come from States or non-state actors.

Video   (50 minutes)
International Law
Non-State Actors
Rethinking the Role of Non-State Actors under International Law
A. Legal Instruments
B. Jurisprudence
International Court of Justice, Reparation for Injuries Suffered in the Service of the United Nations, Advisory Opinion of 11 April 1949, I.C.J. Reports 1949, p. 174.

International Court of Justice, Interpretation of the Agreement of 25 March 1951 between the WHO and Egypt, Advisory Opinion of 20 December 1980, I.C.J. Reports 1980, p.73.

United States Court of Appeals for the Second Circuit, Kadic v. Karadzic, 70 F. 3d 232 (1995), 13 October 1995.
C. Documents
Report of the Secretary-General pursuant to paragraph 2 of Security Council resolution 808(1993) (S/25704, 3 May 1993).

Secretary-General’s Bulletin, “Observance by United Nations forces of international humanitarian law” (ST/SGB/1999/13, 6 August 1999).

Secretary-General’s Bulletin, “Special measures for protection from sexual exploitation and sexual abuse” (ST/SGB/2003/13, 9 October 2003).

Security Council resolution 1540 (2004) of 28 April 2004.

Report of the Secretary-General, “Children and armed conflicts” (A/59/695–S/2005/72, 9 February 2005).

United Nations Commission on Human Rights, Sub-Commission on the Promotion and Protection of Human Rights, fifty-seventh session, “Working Paper on human rights and non-State actors submitted by G. Biro and A-I Motoc”, (E/CN.4/Sub.2/2005/40, 11 July 2005).

Security Council resolution 1612 (2005) of 26 July 2005.

United Nations Commission on Human Rights, sixty-second session, “Promotion and Protection of Human Rights-Interim Report of the Special Representative of the Secretary General on the issue of Human Rights and Transnational Corporations and Other Business Enterprises”, (E/CN.4/2006/97, 22 February 2006).

International Labour Organization, Tripartite Declaration of Principles Concerning Multinational Enterprises and Social Policy (as lastly amended in March 2006).

United Nations Human Rights Committee, “Consideration of reports submitted by states parties under article 40 of the Covenant-Concluding observations on the report submitted by UNMIK”, (CCPR/C/UNK/CO/1, 14 August 2006).

Human Rights Council, Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled “Human Rights Council”, Report on “Mission to Lebanon and Israel”, (A/HRC/2/7, 2 October 2006).

Report of the Secretary-General on Children and armed conflicts in Côte d'Ivoire (S/2006/835, 25 October 2006).

Report of the Secretary-General on Children and armed conflicts in Burundi (S/2006/851, 27 October 2006).

United Nations Alliance of Civilizations, Report of the High-Level Group, 13 November 2006.

Report of the Secretary-General on Children and armed conflicts in Nepal (S/2006/1007, 20 December 2006).

Report of the Secretary-General on Children and armed conflicts in Sri Lanka (S/2006/1006, 20 December 2006).

Report of the Secretary-General on Children and armed conflicts in Somalia (S/2007/259, 7 May 2007).

Report of the Secretary-General on Children and armed conflicts in Uganda (S/2007/260, 7 May 2007).

Report of the Secretary-General on Children and armed conflicts in Democratic Republic of Congo (S/2007/391, 28 June 2007).

Report of the Secretary-General on Children and armed conflicts in Chad (S/2007/400, 3 July 2007).

Report of the Secretary-General on Children and armed conflicts in Sudan (S/2007/520, 29 August 2007).

Report of the Secretary-General on Children and armed conflicts in Côte d'Ivoire (S/2007/515, 30 August 2007).

Council of the European Union, Draft Reform Treaty, 2007.

OECD Guidelines for Multinational Enterprises, 2011 edition.
D. Doctrine
P. Alston, “The ‘Not-a-Cat’ Syndrome: Can the International Human Rights Regime Accommodate Non-State Actors?”, in: P. Alston (ed.), Non-State Actors and Human Rights, (Collected Courses of the Academy of European Union), Oxford University Press, Oxford, 2005, pp.3-36.

A. Clapham, “Human Rights Obligations of Non-State Actors in Conflict Situations”, International Review of the Red Cross, vol. 88, No. 863, September 2006.

A. Clapham, Human Rights Obligations of Non-State Actors, Oxford University Press, Oxford, 2006, especially Chapter 1.

R. Hofmann (ed.), Non-State Actors as New Subjects of International Law: International Law-From the Traditional State Order Towards the Law of the Global Community, Duncker and Humblot, Berlin, 1999.
E. Additional References
For more information on the “Deed of Commitment under Geneva Call for Adherence to a Total Ban on Anti-Personnel Mined and For Cooperation in Mine Action”, see Geneva Call.

For more information on the United Nations Global Compact, see the official website.