Abstract

A recent development in the domain of International Law pertains to the transitional administration of territorial units by the United Nations, on behalf of the International Community. In well known cases of East Timor and Kosovo, the United Nations Security Council passed its resolutions, 1244 (1999) and 1272 (1999), on Chapter VII of the UN charter after determining a threat to peace in the internal situations in both states and thus coming to assist those particularly weakened territorial units. The administrative units that were set up by the United Nations in this regard were on behalf of the international community to protect weakened states. These administrative units were meant to function until the states could become self-governing. All these functions and responsibilities of UNMIK (United Nations Interim Administration in Kosovo) and UNTAET (United Nations Transitional Administration in East Timor) were to be in compliance with the basic tenants of Human Rights, the UN Charter and the UNSC resolutions that established these Administrations. During their periods of administration, these administrative bodes committed several Human Rights violations, due to the extremely wide ambit of powers given to these bodies and extremely inefficient and minuscule control measures established over them. Through my research paper, I aim to analyze the solutions employed by the UN in the form of tribunals to hold the administrative bodies responsible. Further, I will research into the role of the United Nations Administrative Tribunal in situations like these. In continuation, I shall suggest mechanisms that may be implemented in future situations like these to ensure that Human Rights are at the core of any transnational administration set up by the United Nations and the interests of the distressed population are the primary concern of the administrative body operating in the territory. Lastly, I shall delve into the atrocities committed by the UN Peace Keeping forces, the administrative and jurisdictional difficulties in holding them accountable and possible solutions for this.

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