Human Rights Accountability of Non-Universally Recognised States and State-Like Entities

This book explores the human rights accountability of non-universally recognised states, unlawful entities that exercise effective control over territories, and sui generis subjects and territories when they exercise state-like powers. As they exercise these powers, they can affect the enjoyment of rights just as any recognised state could. But because of the indeterminate nature of these actors’ international legal status or lack of sufficient recognition to join international organisations, it is not always clear what human rights obligations they hold, what secondary rules of state responsibility apply to them, and how other international actors - including international organisations - should engage with them on issues of accountability. Overall, the book seeks to question whether the current doctrine of international subjectivity is adequate to provide for accountability for the acts of state-like entities. It also intends to delve into the strategic use of legal subjectivity by international actors, and its consequences for human rights accountability.

Combining legal theory with case studies, contributing authors challenge the traditional state-centred approach of international human rights law by highlighting gaps in protection. They address accountability broadly and analyse legal responsibility and monitoring alongside less formal mechanisms. Concluding that human rights accountability cannot depend solely on formal statehood, the book proposes that wherever authorities hold power over people’s lives, they must be assessed against human rights standards.

Insightful and thought-provoking, this book is a vital resource for scholars, policy makers and students of human rights law, public international law, international politics and public policy. It will benefit anyone seeking a deeper understanding of the implementation of human rights in non-universally recognised states and state-like entities.

Edited by Kushtrim Istrefi, Associate Professor of Human Rights Law and Public International Law, Luca Pasquet, Assistant Professor of Public International Law, Lucas Roorda Assistant Professor of Public International Law, Cedric Ryngaert, Professor of Public International Law, Utrecht University, the Netherlands with Berfin Deniz Çabuk, PhD candidate in international Law and Space Law, Utrecht University, the Netherlands