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International Organizations and the Fight for Accountability - The Remedies and Reparations Gap (Hardcover)
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International Organizations and the Fight for Accountability - The Remedies and Reparations Gap (Hardcover)
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International organizations have increasingly taken on state or
quasi state-like functions in order to exercise control over
individuals and societies, most pressingly in contexts of conflict
and transition. Their engagement in peace operations has
progressively widened, with mandates now regularly including the
protection of civilian populations and, in several new operations,
containing peace enforcement responsibilities with active combat
duties. This increases the risk that their conduct may infringe
human rights and international humanitarian law. This book explores
the ways in which the principles of accountability and reparation
apply to international organizations. When considering whether
international organizations are obliged to afford reparation and to
whom it is owed, as well as what it entails, we are confronted with
the challenge of understanding how the law of responsibility
intersects with specialized regimes of human rights and
international humanitarian law, particularly in its application to
individuals. The justifications for organizational immunities and
other limits on international organizations' responsibilities were
conceived to ensure IOs independence from state influences and
their capacity to engage in often difficult circumstances. Many, if
not all, of these rationales remain relevant today, yet
disciplinary, oversight, and judicial structures that exist in
state administrations to promote accountability and forestall
abuses have only partially been put into place for international
organizations. At the same time, individuals affected by their
conduct have had no, or only cursory recourse to domestic, regional
and international courts and they have not been able to rely on
their states of nationality to pursue claims on their behalf.
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