Putting an End to Human Rights Violations by Proxy: Accountability of International Organizations and Member States in the Framework of Jus Post Bellum

C. Stahn and J. Kleffner (eds.), Jus Post Bellum: Towards a Law of Transition From Conflict to Peace, The Hague: TMC Asser Press, 2008, pp. 187 - 212

26 Pages Posted: 5 Jul 2012

Date Written: 2008

Abstract

The accountability of international organizations for human rights violations is still a largely unresolved issue in contemporary legal theory and practice. It is relatively easy to establish that international organizations encounter responsibility for customary human rights law violations. However, at present the exercise of such responsibility is restricted by the scarce efficacy of the remedies available to third parties. Moreover, it is limited by immunities and the lack of jurisdiction of regional courts. This article argues that suing member states for acts of international organizations may represent an option to alleviate this dilemma in the context of the development of a jus post bellum. Since international organizations are among the principal actors in the peace-building, jus post bellum will also have to deal with acts of international institutions. Securing responsibility of international organizations and states operating under their political umbrella in post-conflict operations will prevent both of them acting as legibus soluti and will eventually clarify the applicable legal framework.

Keywords: Human Rights Violations, International Organizations, Jus Post-Bellum, Responsibility

Suggested Citation

Tondini, Matteo, Putting an End to Human Rights Violations by Proxy: Accountability of International Organizations and Member States in the Framework of Jus Post Bellum (2008). C. Stahn and J. Kleffner (eds.), Jus Post Bellum: Towards a Law of Transition From Conflict to Peace, The Hague: TMC Asser Press, 2008, pp. 187 - 212. Available at SSRN: https://ssrn.com/abstract=2100944

Matteo Tondini (Contact Author)

Independent

No Address Available
United States

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