This work brings together a number of papers written by experts, mostly senior and active international civil servants, but also retired staff, analyzing the measures taken in international organizations in order to obtain greater accountability. Codes of conduct have been introduced, as well as more detailed measures of control. This has also required review of due process and dispute resolution provisions.
The main objective of these codes of conduct is to foster appropriate behaviour of staff, but, ideally, these codes should also be instrumental in avoiding disputes, since staff knew more clearly what is expected of them.
This book is a reflection of exchanges of views and information between administrative lawyers and, to some extent, investigators/prosecutors to ensure that the organizations become more transparent, corruption free and respective of the highest standards. Accountability and transparency have now become the rule, and increasingly also the practice. Much is still to be done, however. Discussions are ongoing in many organizations. This work’s purpose is also to contribute to these discussions.
In addition to the analytic and frank contributions, this work contains various documents of international organizations, reflecting the codes of conduct and charters of values now in place.
Quis custodiet ipsos custodies? In other words, who guards the guardians? At a time when the mandate of many peace support operations includes halting violations of international humanitarian law by third parties, there is still a lack of clarity concerning accountability of peace support operations themselves. This book addresses that accountability, focusing on peace support operations under the command and control of the United Nations and the North Atlantic Treaty Organization. It is concerned with the accountability of international organizations as well as troops contributing and member states, but not of individuals.
Drawing on existing and emerging doctrines of international law, including the law of state responsibility, the law of responsibility of international organizations, international institutional law and international humanitarian law, and on the basis of state practice, this book makes a strong plea for improving mechanisms to implement the accountability of peace support operations under international humanitarian law.
The Paul Reuter Prize 2006 was awarded to Marten Zwanenburg for this book.
This work is an in-depth examination of the monitoring controls in some of the world’s major international organizations and other treaty regimes. The editor, one of the foremost and most experienced authorities in this specialized but crucially important field, shows how monitoring is used in the common interest to ensure the stability and growth of global standards in such diverse areas as human rights, environmental protection and arms control.
Published under the Transnational Publishers imprint.
Both global and regional human rights treaties have established international institutions offering recourse if a State party fails to comply with its obligations under the treaty.
Many of these institutions have jurisdiction to consider complaints brought by individuals claiming that a State party has violated the rights enumerated in the treaty. However, these same institutions appear no longer merely to confine themselves to considering individual petitions. Due to the growing number of complaints, they have become increasingly preoccupied with managing their workload.
The present volume focuses attention on two international institutions, one regional (the European Commission on Human Rights), and one global (the Human Rights Committee). It thoroughly examines the admissibility conditions of both the Commission and the Court by means of their case law and discusses possible changes which might reduce this case load.
Chapter 2 discusses the procedural aspects of both systems, in particular, the division of labour and the various stages of the proceedings. Chapters 3-9 explore the case law of both organs concerning admissibility conditions, and such topics as competence
ratione personae (including standing, the victim requirement and State responsibility), competence
ratione temporis, competence
pendente lite and the exhaustion of local remedies.
This volume is a comprehensive treatment of the African human rights system in terms of the laws, practice, and institutions of the system. The volume discusses, analyzes, and evaluates normative instruments of the African system: the Charter of the Organization of the African Unity (OAU), and the African Charter on Human and Peoples' Rights, presenting article-by-article analysis of its provisions and those of the Protocol on the Establishment of the African Court on Human and Peoples' Rights. Similarly the OAU (now the African Union), the African Commission on Human and Peoples' Rights, and the proposed African Court on Human Rights, as institutions of the system, are discussed. The book emphasizes a comparative approach and presents a summary of the UN, the European and the Inter-American human rights mechanisms with regard to their impact on the African system. The role of NGOs in the African system is also considered, as well as the controversial issue of human rights in pre-colonial and colonial Africa.
‘The amendment of international treaties raises problems which are closely linked to the issue of stability and development in the international juridical order. The author of the present work successfully relates these problems, which are of crucial importance in all juridical systems, to the more particular problems connected with the constitutions of international organizations of universal scope. As the effectiveness and continuity of international organizations depend to no small extent on their ability to adapt themselves constantly to a rapidly evolving world, the necessary flexibility must be ensured by provisions included in the constitutions of the organizations. The juridical tool used to meet these needs is an amendment clause incorporated in the constitutive instrument.’
The above-mentioned text from the Foreword by Paul Guggenheim written in 1967 is still as valid today in the light of the reform proposals emerging from the work of the High-Level Panel and the Report of the Secretary General ‘In Larger Freedom’ which are currently the subject of intense negotiations around the Charter of the United Nations, and in particular Articles 108 and 109. This reprinted edition will be of great value to those involved in the reform negotiations as well as to those studying international organizations.
The Annotated Digest of the International Criminal Court, 2007, is the second in a series that compiles the most significant legal findings from public decisions rendered by the International Criminal Court. The series is intended, foremost, as a tool for international criminal law practioners and academics interested in the work of the Court.
This volume covers the ICC's work in 2007 and reviews a number of milestones. Selected abstracts include the confirmation of charges against Thomas Lubanga Dyilo, the first arrestee in the Court's history, as well as the initiation of five new cases against Bosco Ntaganda, Germain Katanga, Mathieu Ngudjolo Chui, Ahmad Harun, and Ali Kushayb. In total, 234 decisions were reviewed for this volume, a number roughly equivalent to those issued between 2004 and 2006, which demonstrates a significant increase in the Court's activity.
Abstracts included in this volume were selected based on the following criteria: (i) clarification of a legal issue or interpretation of a legal provision; (ii) implementation or application of a legal provision; and (iii) meaningfulness with respect to international justice, human rights, or international humanitarian law.
Abstracts are quoted in English, except when a translation has not yet been made available; in such circumstances, passages are provided in French and accompanied by a summary in English. Each abstract is organized under the relevant Statute, Rule of Procedure and Evidence, or Regulation of the Court, together with a short description of the topic. An index and reference system allow for easy reference to other decisions quoted in the