The Employment of Human Rights to Demand Accountability for Activities of International Organizations Harming Individuals

Abstract

International organizations increasingly affect our lives. From sending a parcel abroad to setting fishing quota, there are very few activities in which IOs do not set the standards subsequently applied by states. With the expansion and the global reach of their activities, it is not surprising that the collision between international organizations and human rights is one of the most pressing issues of global governance. If an indigenous community is forcibly transferred to make way for a World Bank project, are there obligations to make the organization responsible? Are there judicial fora to seek accountability? What would reparation look like? Similarly, if the EU pushbacks migrants at sea, is it responsible for the breach of the obligation of non-refoulement? While morality may provide clear answers, human rights law might be more disappointing. Indeed, under mainstreaming international law, human rights law is a state-centric instrument that does not reflect the emergence of international organizations as new powerful actors. For instance, IOs are rarely part of human rights treaties, and it is disputed whether they can bear obligations under customary international law. They do not possess a territory and the traditional conceptualization of state jurisdiction over individuals included in human rights instruments finds difficult application.

In this chapter, I will tackle these and other legal issues that characterize the critical relationship between human rights and international organizations. I will present the main legal challenges to identify human rights obligations and make international organizations accountable for their violations, distinguishing between domestic fora, international responsibility, and institutional accountability. I will also discuss whether different organizations, in the form of military, economic, regional, and technical institutions, require different general rules of international law, or a common legal framework is achievable.

Keywords: international organizations, human rights, accountability, responsibility