Human Rights Violations before International Tribunals: Reflections on Responsibility of International Organizations
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CONTRIBUTORS:
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JOURNAL:
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Leiden Journal of International Law,
20(3),
613 -
636.
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YEAR:
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2007
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PUB TYPE:
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Journal Article
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SUBJECT(S):
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International law; international justice; international criminal law; right of accused; fair trial; due process; international organization; subjects of international law; responsibility of subjects of international law; responsibility of international organizations
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DISCIPLINE:
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Law
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HTTP:
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http://www.ljil.leidenuniv.nl/index.php3?m=5&c=235
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LANGUAGE:
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English
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PUB ID:
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103-441-928
(Last edited on
2008/03/26 09:57:42 GMT-6)
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SPONSOR(S):
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ABSTRACT:
The UN Security Council, as ‘parent body’ of the two ad hoc Tribunals, never introduced explicit rules on how to compensate accused persons for violations of their rights imputable to the Tribunals’ organs. Notwithstanding the absence of such rules, a series of decisions by ICTY and ICTR chambers show the willingness of these institutions to address such violations when they occur. In doing so, the Tribunals appear to have followed some of the same principles on responsibility of international organisations as are being elaborated by the International Law Commission (ILC). By analysing these parallel processes, the author suggests that the elaboration of rules by the ad hoc Tribunals in the field of human rights violations and the codification by the ILC of rules on international responsibility, though distinct in aim and scope, might mutually benefit each other and shed some light on the difficulties of applying such principles in practice.
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