Jurisdiction and International Responsibility in Peace Support Operations: The Behrami and Saramati Cases

Abstract

Behrami and Saramati was the first case to come before the European Court of Human Rights involving complaints against the international security presence deployed by NATO in Kosovo since 1999. The Court decided to hold the complaints inadmissible on the basis that it lacked the competence ratione personae to review whether or not the conduct of the international security presence was compatible with the provisions of the European Convention on Human Rights. The Court's decision has significant implications for the protection of human rights in peace support operations. This article offers an outline of the arguments advanced by the parties and the Court's assessment of the legal issues involved, and suggests that the Court's reasoning suffers from certain serious shortcomings.

Keywords: Behrami and Saramati, European Convention on Human Rights, Kosovo, NATO, UNMIK, international responsibility, peace support operations