국제인권법과 비국가행위자 ― 비정부단체의 지위와 역할을 중심으로 ―

One of the most outstanding aspects in international society today is that various non-state actors have emerged out and participated in international affairs. They have been involved in, and have had impact on international legal order. This article aims to examine the status and role of non-state actors, and in particular non-governmental organizations (NGOs) and elaborate their contribution to the development of international human rights law. NGOs have played various roles of international human rights law and system; firstly, they have provided the substantial sources helpful to establishment of international human rights norms and influenced states to adopt human rights treaties; secondly, they have monitored whether governments comply with international human rights standards and assisted international institutions to effectively operate international mechanisms for the protection and promotion of human rights; lastly, they have provided assistance and advice with the victims and contributed to the interpretation and development of international human rights law by international courts and tribunals. The fact that they have been often given locus standi under international law shows their increasingly growing role in international human rights jurisdiction. The importance of NGOs especially for the creation of new international law has been likened to that of “the teachings of the most highly qualified publicists” in the sense of Art. 38(1)(d) of the Statute of International Court of Justice. Moreover, they have been a key component of the contemporary implementation system of international human rights law, which is characterized as the troika regime of ‘sovereign states - intergovernmental organizations - non-governmental organizations’. In sum, it can hardly be denied that NGOs have been indispensible in the establishment and development of international human rights law.