International Organizations and the Fight for Accountability - The Remedies and Reparations Gap

International organizations have increasingly taken on state or quasi state-like functions in order to exercise control over individuals and societies, most pressingly in contexts of conflict and transition. Their engagement in peace operations has progressively widened, with mandates now regularly including the protection of civilian populations and, in several new operations, containing peace enforcement responsibilities with active combat duties. This increases the risk that their conduct may infringe human rights and international humanitarian law.

This book explores the ways in which the principles of accountability and reparation apply to international organizations. When considering whether international organizations are obliged to afford reparation and to whom it is owed, as well as what it entails, we are confronted with the challenge of understanding how the law of responsibility intersects with specialized regimes of human rights and international humanitarian law, particularly in its application to individuals. The justifications for organizational immunities and other limits on international organizations' responsibilities were conceived to ensure IOs independence from state influences and their capacity to engage in often difficult circumstances. Many, if not all, of these rationales remain relevant today, yet disciplinary, oversight, and judicial structures that exist in state administrations to promote accountability and forestall abuses have only partially been put into place for international organizations. At the same time, individuals affected by their conduct have had no, or only cursory recourse to domestic, regional and international courts and they have not been able to rely on their states of nationality to pursue claims on their behalf.

List of contents

• I: Introduction


• II: International Organizations' Obligations under Human Rights and International Humanitarian Law


• III: Human Rights and International Humanitarian Law Breaches Attributable to International Organizations


• IV: The Obligation to Afford Reparation to Injured Individuals


• V: Internal Adjudication by International Organizations


• VI: Challenging the Conduct of International Organizations before Domestic Courts


• VII: Adjudication before Regional and International Courts


• VIII: The Direct Responsibility of Organization Employees, Contractors and Troop Contingents


• IX: Some Concluding Thoughts - Where the Solutions Lie

About the author

Carla Ferstman is the Director of REDRESS, a human rights organization which pursues justice for survivors of torture and related international crimes. She joined in 2001 as Legal Director and became Director in 2004. Dr Ferstman was called to the Bar in British Columbia, Canada in 1994 where she practiced as a criminal law barrister. She has also worked with the UN High Commissioner for Human Rights in Rwanda, with Amnesty International's International Secretariat and as Executive Legal Advisor to Bosnia and Herzegovina's Commission for Real Property Claims of Displaced Persons and Refugees. She was a Jennings Randolph Senior Fellow at the US Institute of Peace in 2012/13 and has also been a visiting professional with Australian National University. She obtained an LLB from the University of British Columbia, an LLM from New York University and DPhil from the University of Oxford. She has published and is a regular commentator on victims' rights, human rights and international law.

Summary

International organizations have increasingly taken on state or quasi state-like functions in order to exercise control over individuals and societies, most pressingly in contexts of conflict and transition. Their engagement in peace operations has progressively widened, with mandates now regularly including the protection of civilian populations and, in several new operations, containing peace enforcement responsibilities with active combat duties. This increases the risk that their conduct may infringe human rights and international humanitarian law.

This book explores the ways in which the principles of accountability and reparation apply to international organizations. When considering whether international organizations are obliged to afford reparation and to whom it is owed, as well as what it entails, we are confronted with the challenge of understanding how the law of responsibility intersects with specialized regimes of human rights and international humanitarian law, particularly in its application to individuals. The justifications for organizational immunities and other limits on international organizations' responsibilities were conceived to ensure IOs independence from state influences and their capacity to engage in often difficult circumstances. Many, if not all, of these rationales remain relevant today, yet disciplinary, oversight, and judicial structures that exist in state administrations to promote accountability and forestall abuses have only partially been put into place for international organizations. At the same time, individuals affected by their conduct have had no, or only cursory recourse to domestic, regional and international courts and they have not been able to rely on their states of nationality to pursue claims on their behalf.

Product details

• Authors: Carla Ferstman, Carla (Director Ferstman, Ferstman Carla
• Publisher: Oxford University Press
• Languages: English
• Product format: Hardback
• Released: 27.07.2017
• EAN: 9780198808442
• ISBN: 978-0-19-880844-2
• No. of pages: 234
• Subjects: Social sciences, law, business > Political science; LAW / International, LAW / Criminal Law / Sentencing, International Relations, Public international law: human rights, International human rights law, Public international law: humanitarian law, International Organisations & Institutions