Palacky University Olomouc Faculty of Law • Law of International Organisations • Responsibility of IGOs II.: responsibility for violations of HRs and IHL - • 10.05.2011 Support of the foreign language profile of law tuition at the Faculty of Law inOlomouc CZ.1.07/2.2.00/15.0288
Todays program • Introduction • Presentations • The International Tin Council case (Liability to Third Parties of Member States of International Organizations) • ECHR case Bankovič v. Belgium and sixteen other states, 12 December 2001 • ECHR joined cases Behrami and Behrami v. France, and Saramati v. France and others, 2 May 2007
Human Rights and IHL • Human Rights • International Humanitarian Law • law of war / law of armed conflict • international rules to limit the effects of armed conflict for humanitarian reasons (www.icrc.org)
IGOs involvement • How can be IGOs involved in HRs and IHL violations? • UN • Peacekeeping • peacebuilding • peaceenforcement • NATO/EU • Regional organizations involved in use of force according to Chapter VIII. UN-Charter
Are IGOs bound to HR-Law and IHL? IGO = subject of international law Obligations under international law, but: which obligations? • Deriving from general IL • Customary IL and general principles of IL • E.g. Prohibition of the use of force • Deriving from constituent instruments • obligations imposed upon IGOs by their Member States • established by the IGO itself • Secretary-General’s Bulletin Observance by United Nations forces of international humanitarian law
Secretary-General’s Bulletin Observance by United Nations forces of IHL Section 1: Field of application 1.1 The fundamental principles and rules of international humanitarian law set out in the present bulletin are applicable to United Nations forces when in situations of armed conflict they are actively engaged therein as combatants, to the extent and for the duration of their engagement. They are accordingly applicable in enforcement actions, or in peacekeeping operations when the use of force is permitted in self-defence.
Are IGOs bound to HR-Law and IHL? • Is the International Bureau of Weights and Measures bound to HR and IHL? • Answer not clear esp. in relation to obligations deriving from general int. law • With regard to general IL generally accepted: functional restriction, i.e. if IGO is involved in activities, where HRs and IHL are relevant, it is bound by these rules • EU? NATO? UN? AU? ECOWAS?
The problem • The Impact of Armed Conflict on Children (UN Study, 1996) "In 6 out of 12 country studies on sexual exploitation of children in situations of armed conflict prepared for the present report, the arrival of peacekeeping troops has been associated with a rapid rise in child prostitution."
The problem Chart taken from: http://en.wikipedia.org/wiki/Peacekeeping
Remedies? • United Nations General Assembly, Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law, Resolution 60/147, 21 March 2006