Andrea Spagnolo

The Boundaries of the Duty of Care of International Organizations Towards Their Civilian Personnel Deployed Abroad: Insights from the Recent ILOAT Case-law

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Abstract

The article proposes an inquiry into the sources, the legal nature and the content of the duty of care of international organizations towards their civilian personnel deployed on mission abroad. In par-ticular, the articles analyses the possible evolution of this peculiar obligation of international organi-zations in the light of the recent judgment of the International Labour Organization Administrative Tribunal (ILOAT) in the A v. ICC. It is argued that this judgment confirms that international organ-izations have a duty to liaise with the Countries that host the mission with a view to ensuring a safe and secure environment. Such a duty, which is not spelled out in international organizations’ staff regulations, can be derived from human rights law, which applies to a certain extent.

Keywords

  • duty of care
  • international organizations
  • A v. ICC
  • ILOAT
  • staff
  • personnel deployed abroad

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