Accountability for Human Rights Violations by International Organisations

Jan Wouters is Jean Monnet Chair, Professor of International Law and International Organisations and Director of the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven. Eva Brems is Professor of Human Rights Law and Non-Western Law at the University of Ghent. Stefaan Smis is Professor of International Dispute Settlement at the Vrije Universiteit Brussels and Reader in International Law at the University of Westminster. Pierre Schmitt is Research Fellow at the Leuven Centre for Global Governance Studies and Institute for International Law at the University of Leuven.

Summary of Contents Abbreviations Accountability for Human Rights Violations by International Organisations: Introductory Remarks Jan Wouters, Eva Brems, Stefaan Smis and Pierre Schmitt I. Background II. Aim of the Book III. Contentious Legal Issue A. Are International Organisations Bound by International Human Rights Norms? B. Accountability of Member States of International Organisations C. Obstacles to Accountability of International Organisations D. The Need to Create Mechanisms To Ensure Accountability IV. Structure of the Book A. General Concepts B. Peace and Humanitarian Operations C. International Civil Administration D. Economic Governance E. Staff of International Organisations PART I. GENERAL CONCEPTS Accountability of International Organisations: An Evolving Legal Concept? Ige F. Dekker I. Introduction II. Concepts of Accountability A. Approaches to Accountability B. The ILA Concept of Accountability C. Critical Assessment III. An institutional Concept of Accountability A. An Institutional Approach Intersentia B. Accountability as a Legal Institution C. Accountability and the Institutional Character of International Organisations IV. Concluding Observation. International Organisations as Independent Actors: Sweet Memory or Functionally Necessary? Niels M. Blokker I. Introduction II. Attribution of Powers III. International Legal Personality IV. Th e Theory and Practice of the Independence of International Secretariats V. Concluding Remarks Human Rights and the Rise of International Organisations: The Logic of Sliding Scales in the Law of International Responsibility Olivier De Schutter I. The Human Rights Obligations of International Organisations A. The international Organisation 'Succeeding' to the Human Rights Obligations of Its Member States B. Human Rights as Part of General Public International Law II. The Problem of Accountability - One: State Responsibility A. The Establishment of the International Organisation and the Initial Transfer of Powers B. The Decision-Making Process Within the Organisation C. The Implementation of Decisions Adopted by International Organisations D. The Logic of Sliding Scales in Examining Questions of State Responsibility III. The Problem of Accountability - Two: The Responsibility of International Organisations A. Self-Regulation B. Accession to International Human Rights Treaties C. The Role of National Courts D. The Logic of Sliding Scales Expanded IV. Conclusion Binding International Organisations to Member State Treaties or Responsibility of Member States for Their Own Actions in the Framework of International Organisations Frederik Naert Introduction I. Are International Organisations Bound by Treaties Concluded by Their Member States? A. General Considerations B. The EU, GATT and Customs Agreements. C. The EU and the ECHR D. The EU and Other Member State Treaties, Including the UN Charter E. Other International Organisations II. Some Reflections on Responsibility of Member States for Their Own Actions in the Framework of International Organisations A. Responsibility for the Actions of an International Organisation Resulting from Its Establishment B. Responsibility of a Member State for Its Own Subsequent Conduct in the Framework of an International Organisation Conclusion The 'Italian job': How to Make International Organisations Compliant with Human Rights and Accountable for Their Violation by Targeting Member States Matteo Tondini I. Introduction II. A Few Remarks on Legal Personality and Accountability of International Organisations A. The Attribution of Legal Personality to International Organisations and Their Accountability to Third Parties B. The Establishment of Internal Claim Settlement Mechanisms C. 'Accountability' and 'Responsibility' D. The ILC Draft Articles III. Possible Responsibility of UN Member States in Peace Operations A. Possible Responsibility of Contributing States for Violations Committed by UN Military Forces B. Possible Responsibilit