Andrea Spagnolo

Immunity of United Nations in Case of Human Rights Violations Committed During Peacekeeping Operations and Remedies Available for the Victims

  • Abstract

Informations and abstract

Keywords: Immunity; United Nations; Peacekeeping; Srebrenica; Human Rights; Remedies.

The article presents an analysis of the recent decision of the European Court of Human Rights (ECtHR) in the case "Mothers of Srebrenica". The decision is important because it's the first case in which the ECtHR confronts itself with the immunity of United Nations for human rights violations. The Author aims at pointing out that the ECtHR defined the nature of the immunity enjoyed by the UN in the light of its jurisprudence concerning the "primauté" of the UN Charter according to Article 103. In the Author's opinion the reasoning of the ECtHR leaves aside any discussion on the possibility to balance the immunity of the UN with the absence of remedies available for the victims of human rights abuses. The consequences of such an approach may cause a material impossibility to sue the UN for human rights violations committed in peacekeeping operations. It remains the possibility to sue the troop-contributing countries according to some recent domestic cases.

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