Human Rights Obligations Of International Actors

Chapter Summary

This chapter analyses whether international actors including the United Nations (UN), engaged in the administration of territory are bound by international human rights standards. It analyses to what extent the UN can be considered to be legally bound by human rights norms, either as a matter of customary international law, or by its constitutional treaty. The chapter also addresses the question of the application of human rights to military components. The status of foreign military components participating in international operations is, in terms of the applicable legal framework, different from that of the civil personnel. The Model status of forces agreement for peace-keeping operations provides that in the case of a criminal offence, the host country can exercise jurisdiction after a waiver of immunity. The UN Interim Administration Mission in Kosovo (UNMIK) Ombudsperson was generally seen as an effective mechanism to address human rights violations in general.

Keywords: customary international law; foreign military components; human rights standards; international actors; Ombudspersons; UNMIK Ombudsperson