Introduction

Subject Matter ◽

Humanitarian Law ◽

The Subject

The chapter provides an overall introduction to the book. It explains the subject matter of the book, which is an exploration of the challenges to obtain remedies and reparation for harm suffered in the context of violations of human rights and international humanitarian law carried out by or attributed to international organizations. It sets out the problems the book seeks to address, the approach taken, the methodology, the structure of the arguments, particular issues and tensions. Finally, it posits some solutions and paths forward to the myriad lacunae that have been identified throughout the text and explains what is concluded overall.

Nonprosecutorial Sanctions for Grave Violations of International Humanitarian Law: Wartime Conduct of Bosnian Police Officials

The American Journal of International Law ◽

10.2307/3100111 ◽

2003 ◽

Vol 97 (2) ◽

pp. 342-352 ◽

Cited By ~ 3

Author(s):

Gregory L. Naarden

Keyword(s):

Human Rights ◽

Subject Matter ◽

International Community ◽

Fundamental Aspect ◽

Humanitarian Law ◽

High Ranking ◽

Domestic Courts ◽

The Subject ◽

Judicial Systems

Addressing accountability for human rights atrocities takes on particular significance in postconflict situations. To the extent that mechanisms for accountability facilitate the pursuit of justice against individual perpetrators, the reform of institutions staffed by perpetrators, and the initiation of reconciliation processes, identifying those who committed atrocities is a fundamental aspect of a peacekeeping mission.The international community has established tribunals to try those who committed atrocities and will not be tried in domestic courts. Such tribunals, however, limit the scope of prosecutions to high-ranking officials, and do not command sufficient resources to pursue the multitude of individuals who participated in atrocities. Domestic courts have jurisdiction to try individuals who participated in atrocities, but judicial systems in postconflict. countries find themselves in disarray and generally unable to cope with sensitive cases, because of both the subject matter and the potential number of cases.

Adjudication before Regional and International Courts

10.1093/oso/9780198808442.003.0007 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

Subject Matter ◽

Regional Integration ◽

International Organization ◽

Humanitarian Law ◽

International Courts ◽

International Court

International and regional courts provide a degree of oversight over the conduct of international organizations. In some instances, these courts have played an important, albeit indirect role in assessing the validity of international organization conduct in the course of proceedings against States, which has had a modest influence on the procedures of universal international organizations. Regional courts have also played an important role in assessing the acts of regional integration organizations, although the limited personal and subject matter jurisdiction of many of such courts has limited their capacity to adjudicate claims concerning organizations’ human rights and international humanitarian law breaches. There is no international court with a mandate to adjudicate claims brought by individuals concerning the acts of international organizations.

The Obligation to Afford Reparation to Injured Individuals

10.1093/oso/9780198808442.003.0004 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

Human Rights Treaties ◽

The Law ◽

The Right ◽

Right Of Access ◽

The Relationship

This chapter considers the consequences of breaches of human rights and international humanitarian law for the responsible international organizations. It concentrates on the obligations owed to injured individuals. The obligation to make reparation arises automatically from a finding of responsibility and is an obligation of result. I analyse who has this obligation, to whom it is owed, and what it entails. I also consider the right of individuals to procedures by which they may vindicate their right to a remedy and the right of access to a court that may be implied from certain human rights treaties. In tandem, I consider the relationship between those obligations and individuals’ rights under international law. An overarching issue is how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and particularly, their application to individuals.

Prolonged occupation: An analysis of obligations of the occupying powers in an occupied territory and contemporary challenges

Journal of Humanities, Social and Management Sciences (JHSMS) ◽

10.47264/idea.jhsms/2.1.3 ◽

2021 ◽

Vol 2 (1) ◽

pp. 24-37

Author(s):

Sardar M. A. W. K. Arif

Keyword(s):

Human Rights ◽

Legal Framework ◽

Legal Aspects ◽

International Human Rights Law ◽

Humanitarian Law ◽

Human Rights Law ◽

International Treaties ◽

Occupied Territory ◽

The Subject

The International Law of Occupation (ILOC) regulates all kinds of occupation. However, the other bodies of law, such as, International Humanitarian Law (IHL) and International Human Rights Law (IHRL) also apply in times of occupation. These bodies of law create obligations especially on states and in particular, on the occupying powers. The presumption is that occupations are temporary in nature but why prolonged occupations? In this context, this article focuses on legal aspects of belligerent prolonged occupation. It evaluates the international legal framework and sources of belligerent prolonged occupation. While protection of civilians is central to the bulk of texts of international treaties and the occupiers have obligations, it investigates into obligations of the occupying powers in occupied territory by analysing the existing legal framework under IHL and IHRL. Further, it also discusses the provisions of ILOC. The argument developed throughout this article is that the occupying powers are under humanitarian and human rights obligations to guarantee the best possible protection of rights of occupied people in the case of prolonged occupation in particular and adding on that IHL and IHRL apply in complementarity in situations of prolonged occupation. For the purpose of this article, qualitative method is followed, and existing literature on the subject has been analysed.

Human Rights and International Humanitarian Law Breaches Attributable to International Organizations

10.1093/oso/9780198808442.003.0003 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

International Organization ◽

Humanitarian Law ◽

Attribution Of Responsibility

The chapter considers how to determine whether a particular internationally wrongful act is attributable to an international organization, or another actor under international law. It considers the circumstances in which international organizations may breach the human rights and international humanitarian law obligations that they are bound to respect and incur liability in the case of a breach. It also considers when the conduct amounting to a breach is an act of the organization for the purposes of assigning responsibility. It analyses the framework for the attribution of responsibility set out in the Draft Articles on the Responsibility of International Organizations.

International Organizations and the Fight for Accountability

10.1093/oso/9780198808442.001.0001 ◽

2017 ◽

Cited By ~ 3

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

Humanitarian Law ◽

Progressive Development ◽

The Law

This book is concerned with reparation for human rights and international humanitarian law breaches committed by or attributed to international organizations. These breaches constitute internationally wrongful acts which, according to the International Law Commission’s Draft articles on the responsibility of international organizations, give rise to an obligation on the offending organization to afford reparation. However, in practice, the obligation to afford reparation is unimplemented. The book explores why this is. It considers how the law of responsibility intersects with the specialized regimes of human rights and international humanitarian law and, particularly, their application to remedies and reparation owed to individuals. It reviews the various gaps in the law and the limitations of existing redress mechanisms. The book analyses the cogency of the arguments and rationales that have been used by international organizations to limit their liability and the scope and functioning of redress mechanisms, included by the resort to lex specialis principles. It is postulated that the standards of reparation must be drawn from the nature of the breach and the resulting harms and not by who is responsible for the breach. In this respect the book is an exercise in the progressive development of the law. Having determined that existing redress mechanisms cannot afford adequate or effective remedies and reparation, the book explores how to move towards a model that achieves greater compliance.

The Humanization of Humanitarian Law

The American Journal of International Law ◽

10.2307/2555292 ◽

2000 ◽

Vol 94 (2) ◽

pp. 239-278 ◽

Cited By ~ 129

Author(s):

Theodor Meron

Keyword(s):

Human Rights ◽

Hague Convention ◽

Land Mines ◽

Humanitarian Law ◽

Geneva Conventions ◽

The Subject ◽

The Hague ◽

The Hague Convention ◽

The Impact

The centennial of the Hague Convention (No. II; No. IV in the 1907 version) on the Laws and Customs of War on Land and the fiftieth anniversary of the four Geneva Conventions for the Protection of Victims of War of August 12, 1949, present an opportunity to reflect on the direction in which the law of war, or international humanitarian law, has been evolving. This essay focuses on the humanization of that law, a process driven to a large extent by human rights and the principles of humanity. As the subject is vast, major issues must inevitably be left out of my discussion, including the impact of the prohibitions on unnecessary suffering and indiscriminate warfare on the regulation of weapons, the proscription of antipersonnel land mines and blinding laser weapons, and the progression of international humanitarian law from largely protecting noncombatants to protecting combatants as well.

The Just War Theory and Human Rights Violations: What Does International Law Tell?

Global Legal Studies Review ◽

10.31703/glsr.2019(iv-i).01 ◽

2019 ◽

Vol IV (I) ◽

pp. 1-6

Author(s):

Asghar Ali ◽

Nazim Rahim ◽

Syed Mussawar Hussain Bukhari

Keyword(s):

Human Rights ◽

International Law ◽

Just War ◽

Just War Theory ◽

Humanitarian Law ◽

Equal Rights ◽

War And Peace ◽

The Subject ◽

Principle Of Proportionality

War and Peace are the two important topics of international law. Both the terms, despite polar apart in their nature are the subject matter of international law. As war is inevitable and cannot be reduced to zero; hence, international law tries to lay rules for the justification of war and its conduct. However, a just war becomes unjust when it causes disproportional civilian casualties. Humans become the target of war, whether just or unjust. On one hand, the UN Charter gives equal rights to all the humans without any discrimination and on the other hand, it considers the declaration of a just war as a prerogative of the UN Security Council only. However, states take unilateral actions and violate both the principle of proportionality and fundamental human rights. This analytical study discusses the Just War Theory and its impacts on fundamental human rights, in light of the international humanitarian law

Some Concluding Thoughts—Where the Solutions Lie

10.1093/oso/9780198808442.003.0009 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

Humanitarian Law

In this concluding chapter, the main themes of the book are drawn together and several of the key areas where changes might be made are explored. International organizations have progressively begun to recognize that they are obligated to respect human rights and international humanitarian law in the course of their operations. However, there has been a failure to accept the consequences of such obligations; there is a need for international organizations to recognize that the secondary rules pertaining to reparation are applicable automatically upon a breach of a primary obligation, and that they are obligated to put in place the structures to enable those secondary rules to be enforced. There is a need to strengthen oversight structures, improve the access to, and scope of, internal adjudicative mechanisms and accord standing to individuals to pursue international claims against international organizations.

International Organizations’ Obligations under Human Rights and International Humanitarian Law

10.1093/oso/9780198808442.003.0002 ◽

2017 ◽

Author(s):

Carla Ferstman

Keyword(s):

Human Rights ◽

International Law ◽

International Organization ◽

Humanitarian Law ◽

Legal Personality ◽

Peremptory Norms ◽

International Legal Personality

The chapter considers in what circumstances international organizations have international legal personality and what results from such personality. It also considers whether international legal personality gives rise to rights and obligations and which ones. Central to this analysis, the chapter studies whether an international organization may have human rights and international humanitarian law obligations and whether these derive from its international legal personality, its constituent agreement, as a result of the functions of the organization, or some combination thereof. The chapter concludes that international organizations have obligations to comply with peremptory norms and accepted general principles of international law (which include elements of human rights and international law) that apply to all subjects under international law. There are also additional obligations which apply in particular contexts, and are aligned with organizations’ purposes and their capacities to act and react in any given situation.