The Duty of Care as a Corollary of International Organizations’ Human Rights Obligations

Abstract

The duty of care can be considered a corollary of positive obligations, requiring international organizations not only to refrain from the intentional and unlawful taking of life (or from the violation of physical and moral integrity) of their civilian personnel, but also to take appropriate steps to safeguard their lives, as well as their health and safety. This chapter explores the different sources of human rights obligations for international organizations, with reference to both treaty law and customary law. It is argued then that human rights obligations bearing upon international organizations include a positive dimension as well. Positive obligations are in fact addressed as inherent in the nature of substantial human rights rules, rather than as the outcome of the interpretation of human rights treaties by regional courts or UN Committees. Finally, after a tentative definition of the main features and content of duty of care, the chapter clarifies to what extent the principle of specialty might affect international organizations’ human rights positive obligations.