The UN is Bound by Human Rights: Understanding the Full Reach of Human Rights, Remedies, and Nonimmunity

13 Pages Posted: 18 Nov 2010

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: April 12, 2010

Abstract

Is the United Nations, including the various entities that comprise the organization, bound to observe customary human rights? If so, what provisions of the United Nations Charter form the basis for such an obligation? Are the United Nations, its entities and personnel also bound by human rights jus cogens? In time of armed conflict, does the law of war override the reach of human rights law? Does potential liability for human rights violations exist for the U.N. and its entities, the state, and the individual, and if so, should the U.N. be immune? These are some of the important questions raised by Tom Dannenbaum’s article in the Harvard Journal and addressed in this on-line essay.

Keywords: Bound, Effective Control, Human Right, ICCPR, Jus Cogens, Law of War, Lex Specialis, Nonimmunity, Peacekeeping, Peacemaking, State Responsibility, Security Council, Status of Forces, UN Bound, UN Charter, UN Command, Universal Observance, Unlawful Order

Suggested Citation

Paust, Jordan J., The UN is Bound by Human Rights: Understanding the Full Reach of Human Rights, Remedies, and Nonimmunity (April 12, 2010). Harvard International Law Journal Online, Vol. 51, p. 1, 2010; University of Houston Law Center No. 2010-A-38. Available at SSRN: https://ssrn.com/abstract=1710744

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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