Reorienting responsibility: looking to the functional capacity of non-state effective territorial entities to achieve human rights accountability

Sarah McGibbon

Chapter 3 in Human Rights Accountability of Non-Universally Recognised States and State-Like Entities, 2026, pp 34-59 from Edward Elgar Publishing

Abstract: This chapter challenges the state-centric structure of international law by drawing on the ICJ's Reparation Advisory Opinion to support a pluralist framework that meaningfully accounts for non-state effective territorial entities (NSETEs) in international law. By developing a theory of NSETE responsibility based on functional capacity, the chapter advocates for a more inclusive international legal order that better accommodates the complexity of non-state actors and advances human rights accountability. It does so through exploring when the use of force by and against NSETEs may be lawful. In the case of the latter, it examines host state consent, UN Charter justifications, and strict liability. Emphasising the significance of (loss of) territorial control, the chapter argues that the traditional ‘state/non-state’ binary obstructs accountability and responsibility. Through examining justifications for the use of force by NSETEs, such as pursuing self-determination or exercising de facto territorial control, the chapter contends that NSETEs possess a form of functional capacity, enabling them to assume rights and obligations under certain conditions.

Keywords: Non-state effective territorial entities; Use of force; International legal responsibility; Functional Capacity; Loss of territorial control; Accountability (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365128
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