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.
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The Remedies and Reparations Gap
Produktdetaljer
ISBN
9780192536488
Publisert
2020
Utgiver
Vendor
OUP Oxford
Språk
Product language
Engelsk
Format
Product format
Digital bok
Forfatter