Accountability in international law

Karen De Vos and Jan Wouters

Chapter 2 in Research Handbook on Accountability for Human Rights Violations, 2025, pp 17-37 from Edward Elgar Publishing

Abstract: The concept of accountability in international law has become central in discussions on governance, though its definition remains complex and multifaceted. This chapter contributes to a deeper understanding of legal accountability for human rights violations within international law, guided by the question: ‘How is legal accountability understood in international law, and does it offer a cohesive framework for analyzing diverse mechanisms and challenges in holding multiple actors accountable?’ The chapter begins by analyzing various definitions and interpretations of accountability, contrasting it with the concept of legal responsibility. It then addresses legal accountability through three primary dimensions: who should be held accountable, to whom, and for what actions. The chapter also delves into nuanced accountability mechanisms such as shared and surrogate accountability, which have emerged to address gaps created by globalization and the involvement of non-state actors. In highlighting accountability's evolving scope, the chapter shows how international law moves beyond a purely state-centric model to accommodate a dynamic range of actors and norms, encompassing soft laws and anticipatory mechanisms. This broadened framework underscores legal accountability as an adaptive tool crucial for safeguarding the public interest and advancing human rights, offering insights into contemporary governance complexities. In conclusion, this analysis establishes legal accountability as an overarching framework, providing cohesion within international law while adapting to the demands of a multilevel, multi-actor landscape. This research underscores accountability's potential to promote justice, constrain power, and adapt to evolving governance challenges, particularly in addressing human rights violations.

Keywords: Legal accountability; International law; Multi-actor governance; State responsibility; Defining accountability (search for similar items in EconPapers)
Date: 2025
ISBN: 9781035306923
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