Francesca Capone

The Quest for Remedies (for Duty of Care Violations) Before International Administrative Tribunals

  • Abstract

Informations and abstract

Keywords: ILOAT; A. v ICC; duty of care; remedies; access to justice; reparations.

The judgment issued by the International Labour Organization Administrative Tribunal (ILOAT) in the case of A. v. ICC – in which the complainant sought compensation for damages related to her arrest and detention in Libya while there on an International Criminal Court’s (ICC) mission − un-doubtedly enhances the current debate on the duty of care of international organizations (IOs) to-wards their personnel. At the same time, the judgment offers an opportunity to reflect more broad-ly on a number of interesting features concerning victims’ rights under international administrative law. Since international organizations usually enjoy immunity before domestic courts, international administrative tribunals (IATs) are called to provide IOs’ personnel with an alternative route to justice. This article analyses IATs’ recent developments and case law as they show − and A. v. ICC contributes to consolidating the trend − a growing recognition of victims’ rights and needs. Hence, the goal of this article is to discuss victims’ remedies before IATs, focussing on two main issues, i.e., the compliance of IATs, and especially the ILOAT, with international human rights standards on access to justice; and the forms of reparation awarded by IATs, in particular in cases dealing with breaches of IOs’ duty of care.

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