Human Rights Missions

This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power. The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society. UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.

The United Nations peacekeeping has evolved as a practical measure for preserving international peace and security. Recent peacekeeping has two important features: the use of force which arguably exceeds self-defence on the one hand, and multifunctional operations on the other. The Security Council has started considering a wide range of factors including serious human rights violations as threats to international peace and security. Recognising the UN's principle to seek peaceful settlement which underlies the legality of peacekeeping, this research focuses on the human rights functions of multifunctional peacekeeping operations. Such functions have immense potential for enhancing conflict resolution through peaceful means. In order to illustrate these issues and the diverse practice of UN peacekeeping, the author of this book has dealt with four detailed case studies on El Salvador, Cambodia, Rwanda and the former Yugoslavia. The achievements, problems and defects experienced by different operations are analysed using the insights of the author's own experience in a peacekeeping operation.

By considering different international legal sources, including humanitarian law, human rights and criminal law, this book seeks to identify the rules applicable to International Military Missions engaged in different actions in the context of peace operations.

This volume assesses the development of human rights field operations of the United Nations and other intergovernmental organizations. It addresses a range of aspects concerning the nature, role and activities of field operations, whilst drawing together the reflections of academics, policy makers and field practitioners.

Since its establishment the work of the Human Rights Council (UNHRC) has been subject to many interpretations, theories, comments or conclusions. This comprehensive book dissects every aspect of the UNHRC’s work and analyses the efficiency of, and interactions between, its mechanisms. Authored by the first Secretary of the UNHRC, this book provides unique practitioner insights into the complex decision making processes of the Council alongside the core variations from its predecessor.

United Nations Commissions of Inquiry (CoIs), Fact-Finding Missions (FFMs) and similar complex human rights investigations are regularly, and with increasing frequency, called upon to “identify those responsible” for violations and crimes falling within their mandate. Yet identifying responsible parties poses complex legal and methodological challenges. Despite variations in mandate language, applicable legal regimes, political context, membership, timing and budgets, the practice of CoIs, FFMs and similar complex investigations is developing in this area. OHCHR has a wealth of institutional experience in human rights field investigations where the identification of allegedly responsible individuals is a regular feature. This guidance draws upon that practice and presents it together with a discussion on key policy issues, namely the collection and analysis of information on responsible individuals, and the legal and investigative challenges involved; and the management of information once collected, including maximizing its use (by reporting, sharing and safeguarding it). The publication builds on OHCHR’s existing guidance and practice for CoIs, FFMs and other investigations and sets out both the minimum steps that all investigative bodies should complete as well as additional measures that can and should be taken where feasible. This information is complemented by Recommendations or a Summary of key guidance on the points raised.