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The UN Human Rights Obligations and Immunity: An Oxymoron Casting a Shadow on the Transitional Administrations in Kosovo and East Timor

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On the basis of the transitional administrations in Kosovo and East Timor, this article analyzes the compatibility of the UN human rights obligations with the wide scope of immunity enjoyed by the organization and its officials. By focusing on the right to a fair trial (and especially the right of access to a court), the author submits that the almost absolute lack of judicial mechanisms to review acts of UN transitional administrations violates the local population's human rights. Although institutions such as an Ombudsperson or a Human Rights Advisory Panel (in Kosovo) have been established, they do not constitute means of protection that are reasonable alternatives to independent and impartial courts. As a corollary, the international responsibility of the United Nations is entailed.

Affiliations: 1: Binder Grösswang Attorneys at Law, Vienna


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