The UN and Human Rights

Abstract

Through an analysis of UN operations including international territorial administration, refugee camps, peacekeeping, the implementation of sanctions and the provision of humanitarian aid, this book shows that the powers exercised by the UN carry a serious risk of human rights abuse. The International Law Commission has codified and developed the law of institutional responsibility, but, while indispensable, these principles and rules cannot on their own ensure compliance and accountability. The 'liberty deficit' of the UN and of other international organisations thus remains an urgent legal and political problem. Some solutions may be available; indeed, recent state and institutional practice offers interesting examples in this respect. But at a fundamental level we need to ask ourselves whether, judged on the basis of the principle of liberty, the power shift from states to international organisations is always beneficial.

Death Zones, Comfort Zones: Queering the Refugee Question

“…75 Verdirame warns not to view western export or colonial imposition of criminal sanctions against lesbians and gay men as the sole reason that homophobia exists in colonized areas. 76 I agree with this when, as Verdirame suggests, the issue is one of blame or support for the proposition of pre-colonial societies being sexual utopias. While these laws developed in locally-specific ways out of a common set of principles connected to colonial practices, to change the framing of 'exportation of homophobia' to more of a synthesis of a common legal framework across over forty countries over a few centuries is surely more concrete and more accurate.…”

The Elephant in the Room: The Uneasy Task of Defining ‘Racial’ in International Criminal Law

“…124 The remarkable progressive movement towards a purely subjective approach that takes into account the changing nature of socio-cultural perceptions has been welcomed and "does not reinforce perilous claims to authenticity in the field of ethnic and racial identities". 125 A combination of a subjective approach whereby the perpetrator's perception is the determining factor with objective elements will not lead to a satisfactory solution either. The wide spectre that could potentially be assigned to a racial, ethnical or national group (whereas religious accounts for less problems) 126 is not necessarily narrowed by the requirement of a certain degree of objectivity.…”

“…82 The Court furthermore referred to the ICJ's Nottebohm case that opted for objective criteria, by relying on social facts as opposed to social constructs. 83 Hence, the ICTR took an approach with both subjective and objective elements, with an emphasis on the objective elements.…”

Governing Through Scalar Elasticity: An Analysis of the Accountability Gap in Migration Control in the Central Mediterranean

“…In the civil case in Rome, the Italian judge had ordered the UNHCR to produce the identification documents for the purpose of the trial. However, the UNHCR raised the principle of the immunity of international organisations (see Verdirame, 2011) and refused to cooperate because it was not subordinate to Italian judicial authority (la clausola di non sottoponibilità a una autorità giudiziaria italiana in the words of one of the lawyers). The lawyers were finally able to gather other forms of evidence through testimonies of different people around the world confirming the identity of the people whose photos had been taken on the boat.…”