The ‘Italian Job’: How to Make International Organisations Compliant with Human Rights and Accountable for Their Violation by Targeting Member States

J. Wouters, E. Brems, S. Smis, P. Schmitt, eds., ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS BY INTERNATIONAL ORGANISATIONS, Intersentia, 2010, pp.169-212

23 Pages Posted: 28 Jun 2011 Last revised: 5 Jul 2012

Abstract

Where cross-control among internal agencies/offices fails, as well as internal investigation and settlement claim organs do not represent an impartial and credible instrument to seek justice against human rights violations committed by personnel belonging to international organisations, only an external and independent judicial or supervisory body may constitute a solid barrier against the risk of impunity. To date, international organisations cannot be sued before regional judicial or international supervisory bodies of human rights, while Member States can. In addition, the latter may also be summoned before their own domestic courts. For that reason, finding a circuitous way (the ‘Italian job’) to secure indirect accountability of international organisations by bringing Member States before courts seems the most successful short-term option, as it would practically bypass immunities and jurisdictional limits enjoyed by international institutions.

Keywords: international organisations, human rights violations, redress mechanisms, accountability, member states

Suggested Citation

Tondini, Matteo, The ‘Italian Job’: How to Make International Organisations Compliant with Human Rights and Accountable for Their Violation by Targeting Member States. J. Wouters, E. Brems, S. Smis, P. Schmitt, eds., ACCOUNTABILITY FOR HUMAN RIGHTS VIOLATIONS BY INTERNATIONAL ORGANISATIONS, Intersentia, 2010, pp.169-212, Available at SSRN: https://ssrn.com/abstract=1873560

Matteo Tondini (Contact Author)

Independent

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United States

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