Andrea Spagnolo

Attribution of Human Rights Violations in the Context of United Nations Military Operations and Remedies for the Victims

  • Abstract

Informations and abstract

Keywords: Peacekeeping; Attribution of Conducts; Human Rights; Extraterritoriality; Remedies; United Nations.

The article aims at exploring the issues of the attribution of human rights violations in the context of United Nations military operations and of the remedies for the victims. The Author first illustrates the complex nature of such operations pointing out the duality of subjects involved: the United Nations and the troop-contributing States. It is then presented the crucial issue of the attribution of conducts when human rights violations are committed: in this regard the Author fosters the idea that the 'effective control' should be the preferable criterion in order to determine to which entity a conduct is imputable. In the following paragraphs the Author explores the rules applicable to United Nations military operations trying to demonstrate that the whole corpus of international human rights law of a customary nature is applicable. In the last part of the article the remedies available to the victims are presented and analyzed in the light of the recent national and international jurisprudence.

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