The Accountability of International Organizations for Human Rights Violations: The Cases of the UN Mission in Kosovo (UNMIK) and the UN ‘Terrorism Blacklists’

Abstract

This chapter examines how the United Nations have recently established human rights accountability mechanisms with respect to UN action in Kosovo, and with respect to the administration of ‘terrorism lists’ by the UN Security Council. In both cases, the UN greatly influences the (human rights) position of individuals. In Kosovo, United Nations Mission in Kosovo (UNMIK) in essence replaces the State. According to rule of law principles, administrative organs ought to be accountable for their decisions. To the extent that their decisions are not entirely discretionary, they should be materially reviewed in light of higher legal norms, including international law and international human rights law. In both cases discussed in this contribution, the legal review of the pertinent administrative decisions has largely taken place in the light of European human rights standards. The accountability mechanisms allowed UNMIK to be held to account for possible human rights violations. Keywords:human rights violations; terrorism lists; United Nations Mission in Kosovo (UNMIK)