Third State Responsibility for Human Rights Violations

The International Law Commission's Draft Articles on State Responsibility attempt to transcend the bilateralist paradigm of international law by distinguishing between injured states and 'third' states. Although not directly injured, the Draft Articles recognize that third states have a legal interest in compliance with 'peremptory norms' and 'obligations to the international community as a whole' by reason of the importance of the rights involved. Although breaches of these obligations often involve serious human rights violations, it is not clear to what extent the Draft Articles accurately reflect human rights law. The progressive development of the Draft Articles in outlining rights and obligations for third states remains controversial, and thus provides a compelling opportunity to discuss the relationship between these two bodies of law. This article helps illustrate the extent to which international law is moving away from a purely bilateral conception of responsibility to accommodate human rights.