The United Nations has established at least thirty international commissions of inquiry to examine situations of mass atrocities. These bodies resemble legal processes in some ways, while remaining... Show moreThe United Nations has established at least thirty international commissions of inquiry to examine situations of mass atrocities. These bodies resemble legal processes in some ways, while remaining non-legal in others. This research explores UN atrocity inquiries’ turn to international law and their navigation of considerations of principle and pragmatism to discern their identity in the international legal order. The thesis traces the inquiry process from establishment and interpretation of the mandate to legal analysis, production of findings and recommendations. The research finds that the turn to international law fundamentally shapes the roles and functions of UN atrocity inquiries. Commissions seeking to promote accountability and the rule of law are linked to truth-seeking, giving a voice to victims, condemning violations, raising alert and provoking corrective action. Yet, commissions’ interpretations of their mandates, legal analysis, findings and recommendations reveal an awareness of their liminal position between international law and politics. Their informality renders commissions well-placed to propose innovative legal interpretations, draw attention to violations and catalyse follow-up, while space is retained for diplomatic approaches and discretion in implementing recommendations. In short, UN atrocity inquiries continuously navigate between realms of law and politics, with the equilibrium shifting in different moments and contexts. Show less
The thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping... Show moreThe thesis deals with the question as to whether international organisations could be jointly responsible for violations of international law committed by peacekeepers deployed in a peacekeeping operation. The study starts by exploring the development of the concept of peacekeeping operations and the relations between the UN and four specific regional organisations (NATO, EU, AU and ECOWAS) on the basis of the applicable dispositions of the UN Charter. This examination as well as the following analysis of relations among these organisations, illustrate the evolution of a division of labour and an increase of cooperation between the UN and these organisations. It justifies the formulation of a presumption that international organisations could be jointly responsible as well as the formulation of a new criterion of attribution (normative control). The case-studies of specific peacekeeping operations confirm that in certain circumstances the UN and regional organisations have to be considered jointly responsible. Show less
The book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945... Show moreThe book The United Nations, the Evolution of Global Values and International Law by Otto Spijkers describes how moral values have determined the founding of the United Nations Organization in 1945 and the evolution of its purposes, principles and policies since then. A detailed examination of the proceedings of the United Nations Conference on International Organization in San Francisco demonstrates that the drafting of the United Nations Charter was significantly influenced by global moral values, i.e. globally shared beliefs distinguishing right from wrong, good from bad, and the current from a preferable state-of-the-world. A common desire to eradicate war, poverty, inhuman treatment, and to halt the exploitation of peoples, has led to an affirmation of the values of peace and security, social progress and development, human dignity and the self-determination of all peoples. All these values ended up in the UN Charter. The book further analyzes how the United Nations, and especially its General Assembly, has continued to influence the maturing of global morality through contributions to the values-debate, and to the translation of these values into the language of international law, including the law on the use of force, sustainable development, human rights and the right to self-determination. Show less
