The role of the special rapporteurs of the United Nations Human Rights Council in the development and promotion of international human rights norms

Subedi, Surya P.; Wheatley, Steven; Mukherjee, Amrita; Ngane, Sylvia Ntube

doi:10.1080/13642987.2011.537463

Cited by 12 publications

(10 citation statements)

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“…In terms of primary rules, the Commission emphasised that armed groups have the obligation to respect the minimum standards of IHL that apply to armed conflicts, as well as general principles common to IHRL. 155 In particular, the Commission found out that arbitrary executions were decided upon at different levels in the organic structure of the guerrilla organisations with the participation of both high military commanders and local delegates. 156 In terms of responsibility, the report only focuses on the leaders of the armed groups claiming that 'the superior levels of the organic structure of the guerrillas hold undeniable responsibility'.…”

Section: B) Truth and Reconciliation Commissionsmentioning

confidence: 99%

Towards a Regime of Responsibility of Armed Groups in International Law

Álvarez¹

2020

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vi 2.4.A responsibility regime for armed groups under international law: an assessment 2.4.1. The responsibility gap and the rule of law 2.4.2. Prevention of impunity and the right to reparation of victims of armed conflict 2.4.3. The insufficiency of individual criminal responsibility 2. 4.4. Complementarity between individual criminal responsibility and state/collective responsibility 2.4.5. Challenges of a responsibility regime for armed groups 2.4.6. Concluding remarks on the assessment of a responsibility regime for armed groups 2.5. Conclusions CHAPTER 3 DEVELOPING A RESPONSIBILITY REGIME FOR ARMED GROUPS IN INTERNATIONAL LAW 3.1. vii responsibility of armed groups: a proposal 3.6. Conclusions CHAPTER 4 THE ATTRIBUTION OF CONDUCT TO ARMED GROUPS 4.1. 93 4.2.3. Towards the identification of core principles of attribution for collective entities 95 4.3. Adjusting the core principles of attribution to the conduct of armed groups 96 4.3.1. The issue of structural disparity of armed groups 97 4.3.1.1. Military and political wing 97 4.3.1.2. Centralised and decentralised groups 98 4.3.1.3. Changes of structure over the course of time 4.3.2. Concluding remarks on the adjustment of principles of attribution to armed groups 4.4. Application of rules of attribution to armed groups 4.4.1. Conduct of organs and/or agents of the armed group 4.4.1.1. The notion of organs and agents of armed groups 4.4.1.2. Is the notion of membership of armed groups relevant? 4.4.1.3. Concluding remarks: Agency based on a functional approach 4.4.2. Conduct directed and controlled by an armed group 4.4.2.1. Conduct of individuals 4.4.2.2. Conduct of factions and other entities associated with armed groups 4.4.2.3. Concluding remarks: Agency based on direction and control 4.4.3. Acknowledgment of the conduct by the armed group 4.4.3.1. Examples from the practice of armed groups 4.4.3.2. Conditions for its validity 4.4.3.3. Key implications for the process of attribution of conduct 4.5. Conclusions CHAPTER 5 THE OBLIGATION TO PROVIDE REPARATIONS BY ARMED GROUPS 5.1. viii 5.3.1. International humanitarian law 5.3.1.1. UN 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 5.3.1.2. The ILA Committee on the issue of Reparations for Victims of Armed Conflict 5.3.1.3. The Nairobi declaration on Women's and Girls' Right to a Remedy and Reparation 5.3.1.4. UN Commissions of Inquiry and other monitoring mechanisms 5.3.1.5. 2018 Report on Armed Non-State Actors by the UN Special Rapporteur on extrajudicial, summary or arbitrary killings 5.3.2. International human rights law 5.3.3. International criminal law 5.3.4. Reparations at the domestic level 5.3.5. Concluding remarks on the framework of reparations for violations committed in armed conflict 5.4.The practice of armed groups regarding reparations 5.4.1. Peace agreements between armed groups and states 5.4.2. Unilateral declarations by armed groups 5.4.3. ...

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Section: B) Truth and Reconciliation Commissionsmentioning

confidence: 99%

Towards a Regime of Responsibility of Armed Groups in International Law

Álvarez¹

2020

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“…38 The main achievements in this field are found in the general comments of the Committee on Economic Social and Cultural Rights (CESCR), 39 and in the guiding principles elaborated by Special Rapporteurs. 40 The process, even if brought about by a body or organ whose members are not representative of member states, nevertheless enabled the inclusion of specific provisions on access to land and security of tenure within the framework of the existing international obligations concerning human rights and concurred in the consolidation of new standards and principles. 41 The recent adoption of the 'Declaration on the rights of peasants and other people working in rural areas' (Declaration on the Rights of Peasants) by the UN General Assembly in December 2018 confirms that these standards have progressively gained consensus in the international community, and provisions on the right to land and access to natural resources have been consolidated in an instrument, the declaration, which bears particular relevance under the viewpoint of the possible evolution of international law.…”

Section: Emerging International Standards On Landmentioning

confidence: 99%

Protecting access to land for indigenous and non-indigenous communities: A new page for the World Bank?

Brunori

2019

Leiden Journal of International Law

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The World Bank has reviewed its environmental and social policies at a moment of intense production of international instruments dealing with land tenure, all of which take the form of soft law. This endeavour is motivated by the progressive acknowledgement of the importance of secure and equitable access to land for the realization of human rights and food security. The latest contribution of the World Bank to this debate is of great significance. This article aims to unveil the effects that the new Environmental and Social Framework is likely to generate in this context. It analyses the protection of access to land and security of tenure contained in the World Bank’s Environmental and Social Standards in light of the developments occurring at the international level. To this end, the article reviews the changes to the standards in the context of the social impacts when a lending project affects land holders or users directly or indirectly; addresses the mechanisms for protecting, compensating and improving livelihood opportunities for those affected by the projects; and comments on the safeguarding of indigenous peoples’ lands. The article finds that the World Bank, by incorporating some of these emerging standards, has confirmed the relevance of emerging principles and guidelines on land, even if they are contained in non-binding instruments. On a critical note, the article recognizes the refusal of the World Bank to adopt the underlying discourse and fully embrace human rights achievements in the context of land issues.

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“…The 11 principles describe the obligation of states and investors to conduct negotiations leading to LSLAs in a fully transparent manner and with the participation of local communities; the requirement of free, prior, and informed consent of the local communities concerned; the general prohibition of forced evictions; the obligation to recognise and protect the land tenure rights of local communities; the importance of the sharing of revenues generated by LSLAs (Piccone, 2012;Subedi et al, 2011;Golay et al, 2011;Nifosi, 2005), the UN Special Rapporteur on human rights in Cambodia offered the most important response in monitoring the impact of LSLAs in this country in 2012. See , 1637-1638and Cismas and Paramita in this volume. This is an open access chapter distributed under the terms of the Creative Commons Attribution-Noncommercial 3.0 Unported (CC-BY-NC 3.0) License.…”

Section: Identifying and Monitoring Human Rights Violations Associatementioning

confidence: 99%