Author: Mara Tignino

Abstract

Respect and protection of human rights can be guaranteed only by the availability of mechanisms open to individuals and communities before which they can claim the violation of their rights. By providing concerned individuals and communities a channel to bring a complaint in an international forum, international accountability mechanisms (IAMs) are a means to seek redress in cases of non-compliance. Through the convergence toward a shared collection of principles such as independence and impartiality which structure their procedures, IAMs are increasingly considered as “quasi-judicial bodies” intended to aid individuals and communities adversely affected by non-compliance with operational policies.

Accountability mechanisms review compliance with operational policies and procedures. It is worthwhile to note the process of inter-institutional learning and emulation between multilateral development banks (MDBs) in the creation and development of these endogenous accountability standards. Safeguard policies may import human rights values, e.g. the protection of indigenous peoples’ rights and the requirement to consult project-affected populations, in the operational practice of MDBs. A relevant example in this regard is the Environmental and Social Framework of the World Bank which represents an attempt to integrate a human rights-based approach into the implementation of funded projects.

In: The Practice of Independent Accountability Mechanisms (IAMs)
Author: Mara Tignino
In The Protection of Water During and After Armed Conflicts: What Protection in International Law?, Mara Tignino offers an analysis of the principles and rules protecting water in situations of armed conflicts. The monograph also gives insights on the legal mechanisms open to individuals and communities after a conflict. Practice of international organizations and judicial decisions are examined in order to define the contours of the norms dealing with armed conflicts and post-conflict situations.

Beyond international humanitarian law, the author suggests that other areas of international law should be taken into account such as human rights law and international water law. This comprehensive view aims at preventing damage to water resources and ensuring access to safe drinking water. Given the fragmentation of instruments and norms dealing with water in times of armed conflicts, it requires an in-depth examination of what means of international law may be developed to ensure a better protection to water.
Author: Dr Mara Tignino

Armed conflicts damage water installations and limit access to the resource. It was only in the 1970s, however, that international humanitarian law (ihl) established norms to limit the impact of armed conflicts on water resources. This monograph contends that the protection provided by ihl norms should be expanded to take into account the wide range of existing principles and rules relating to water enshrined in human rights law and international water law. Although these rules are designed for distinct purposes, ranging from regulation of hostilities and the uses, management and protection of water, they are not distinct legal regimes to be interpreted and applied independently. Accordingly, the monograph argues and concludes that protection of water resources in times of armed conflict must be assessed against an extensive and holistic set of principles and rules of international law.

In: Brill Research Perspectives in International Water Law

Abstract

Attacks against water infrastructure and their weaponization have hit the headlines several times in recent armed conflicts. As opposed to the protection of water per se as a natural resource and as a vital human need which is dealt with rather extensively in doctrine, the protection of water infrastructure requires greater scrutiny. This monograph includes the Geneva List of Principles on the Protection of Water Infrastructure, drafted in 2019 under the auspices of the Geneva Water Hub, bringing together rules regulating the protection of water infrastructure under international humanitarian law, international human rights law, international environmental law and international water law. It aims at providing a holistic approach to the issue by clarifying international obligations and developing recommendations in the form of principles.

In: The Geneva List of Principles on the Protection of Water Infrastructure

Abstract

Attacks against water infrastructure and their weaponization have hit the headlines several times in recent armed conflicts. As opposed to the protection of water per se as a natural resource and as a vital human need which is dealt with rather extensively in doctrine, the protection of water infrastructure requires greater scrutiny. This monograph includes the Geneva List of Principles on the Protection of Water Infrastructure, drafted in 2019 under the auspices of the Geneva Water Hub, bringing together rules regulating the protection of water infrastructure under international humanitarian law, international human rights law, international environmental law and international water law. It aims at providing a holistic approach to the issue by clarifying international obligations and developing recommendations in the form of principles.

In: Brill Research Perspectives in International Water Law
In: The UNECE Convention on the Protection and Use of Transboundary Watercourses and International Lakes