SHARES blog
10 April 2011
In follow-up to Security Council Resolution 1975, and in response to recent attacks against civilians and the United Nations mission, the international forces in Ivory Coast recently launched operations against the Gbagbo camp. The “unusually robust” reaction seems to have been triggered by the attacks by the armed forces loyal to Gbagbo directed against the United Nations Operation in Côte d’Ivoire (UNOCI) Headquarters. The impartiality of a UN operation directly targeting Gbagbo has been quickly questioned, but it can easily be shown that “the fact that Gbagbo’s troops attacked the UN justifies the punishing response”. These events prompt two questions of international law. (more…)
4 April 2011
The European Court of Human Rights issued a landmark ruling in the case of M.S.S. v. Belgium and Greece on 21 January 2011. The case concerned the expulsion of an asylum seeker to Greece by the Belgian authorities in application of European asylum law. Not only is this judgment extraordinarily rich, it also exposes serious flaws in the current European asylum regime.
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1 April 2011
On the 21 March 2011, after six years of research, the Special Representative of the Secretary-General on the issue of human rights and transnational corporations issued its final report which includes its guiding principles on Business and Human Rights. The general idea of the guidelines is to guarantee the implementation of the UN “Protect, Respect and Remedy” Framework. In this sense, the guidelines are a combination of references to “hard rules” and recommendations to improve prevention of violations of human rights.
A few brief points of interest, both in general and in relation to Shared Responsibility. (more…)
22 March 2011
In international military operations, the determination of international responsibilities for the wrongful acts committed during operations depends on cooperation settings, and notably on arrangements regarding command and control over the troops. Regarding those terms, the operation undertaken in implementation of UNSC Resolution 1973 is conspicuously unclear. (more…)
8 March 2011
The accidental killing of nine Afghan children by the International Security Assistance Force (ISAF) in the beginning of March led to apologies by the ISAF commander General Petraeus. Those excuses were rejected by President Karzai as insufficient. It is indeed expected that in case of military acts breaching international law, the ISAF should provide financial compensation for the injuries caused, not only satisfaction in the form of official apologies. (more…)