Cookies Policy
X

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Open Access Attributing Wrongful Conduct of Implementing Partners to unhcr

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Attributing Wrongful Conduct of Implementing Partners to unhcr

  • PDF
  • HTML
Add to Favorites
You must be logged in to use this functionality

Refugee camps are often managed by a wide set of actors other than the Host State. The United Nations High Commissioner for Refugees (unhcr), tasked under international law to provide “international protection” to refugees and to seek “permanent solutions for the problem of refugees”, often sub-contracts the daily management of camps to non-governmental organizations (ngo). In 2013, unhcr collaborated with 733 ngos worldwide. Together with unhcr, these “implementing partners” often perform public powers normally exercised by the Host State. But when human rights violations occur following the conduct of a unhcr implementing partner, which actor(s) are responsible under international law? This article focuses on unhcr’s international responsibility for the conduct of ngo implementing partners. By exploring unhcr’s standard sub-contracting agreements through the lens of the International Law Commission’s (ilc) Articles on the Responsibility of International Organizations (ario), it answers questions such as: Which human rights requirements does unhcr place on implementing partners? Under what circumstances may unhcr be held responsible under the ario for the acts of its implementing partners? It finds that an application of the ario would make unhcr internationally responsible for the wrongful conduct of implementing partners, even when sub-contracting agreements include clauses absolving unhcr from any liability.

Affiliations: 1: Faculty of Law, University of Bergen, maja.janmyr@jur.uib.no

10.1163/18781527-00501013
/content/journals/10.1163/18781527-00501013
dcterms_title,pub_keyword,dcterms_description,pub_author
10
5
Loading

Refugee camps are often managed by a wide set of actors other than the Host State. The United Nations High Commissioner for Refugees (unhcr), tasked under international law to provide “international protection” to refugees and to seek “permanent solutions for the problem of refugees”, often sub-contracts the daily management of camps to non-governmental organizations (ngo). In 2013, unhcr collaborated with 733 ngos worldwide. Together with unhcr, these “implementing partners” often perform public powers normally exercised by the Host State. But when human rights violations occur following the conduct of a unhcr implementing partner, which actor(s) are responsible under international law? This article focuses on unhcr’s international responsibility for the conduct of ngo implementing partners. By exploring unhcr’s standard sub-contracting agreements through the lens of the International Law Commission’s (ilc) Articles on the Responsibility of International Organizations (ario), it answers questions such as: Which human rights requirements does unhcr place on implementing partners? Under what circumstances may unhcr be held responsible under the ario for the acts of its implementing partners? It finds that an application of the ario would make unhcr internationally responsible for the wrongful conduct of implementing partners, even when sub-contracting agreements include clauses absolving unhcr from any liability.

Loading

Full text loading...

/deliver/journals/18781527/5/1-2/18781527_005_01-02_S003_text.html?itemId=/content/journals/10.1163/18781527-00501013&mimeType=html&fmt=ahah
/content/journals/10.1163/18781527-00501013
Loading

Data & Media loading...

http://brill.metastore.ingenta.com/content/journals/10.1163/18781527-00501013
Loading
Loading

Article metrics loading...

/content/journals/10.1163/18781527-00501013
2014-01-10
2018-04-20

Sign-in

Can't access your account?
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation