The Imposition of International Obligations on Domestic Non-State Actors

Abstract The existence of international legal obligations which bind domestic non-State actors (DNSAs) is well-established throughout public international law, particularly in international criminal law and international humanitarian law. Yet the conceptual foundation of such obligations remains unclear—whilst the obligations of States and international organisations are rooted in the concept of consent, the international obligations of DNSAs are inherently non-consensual. There have been several attempts to explain the existence of DNSA obligations in particular areas of international law, but no account has provided a convincing general explanation. The unsettled conceptual basis of DNSA international obligations has given rise to controversy around their existence and legitimacy and whether it is desirable or possible to create international obligations for DNSAs in other areas, such as international human rights law. This article fills this gap by advancing a general account of the basis of the international obligations of DNSAs. The article builds on the most persuasive elements of existing accounts to argue that States have a capacity to impose international obligations on DNSAs which does not depend on any preexisting relationship or connection.