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This volume assesses the development of human rights field operations of the United Nations and other intergovernmental organizations. It makes a substantial contribution to the debate and understanding with regard to the sector's underlying doctrine. The book, unprecedented in its scope, addresses the range of aspects of the nature, role and activities of field operations. It draws together the reflections of academics, policy makers and field practitioners. Its analysis is located within the context of applicable normative and ethical frameworks, assessment of former and current practice and examination of complementary and analogous experiences. The book will be an essential resource for all those actively involved in human rights field work as well as for policy makers and academics and students involved in Human Rights research.
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THE HUMAN RIGHTS FIELD OPERATION This page intentionally left blank The Human Rights Field Operation Law, Theory and Practice Edited by MICHAEL O’FLAHERTY © Michael O’Flaherty 2007 All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise without the prior permission of the publisher. Michael O’Flaherty has asserted his right under the Copyright, Designs and Patents Act, 1988, to be identified as the editor of this work. Published by Ashgate Publishing Limited Gower House Croft Road Aldershot Hampshire GU11 3HR England Ashgate Publishing Company Suite 420 101 Cherry Street Burlington, VT 05401-4405 USA Ashgate website: http://www.ashgate.com British Library Cataloguing in Publication Data The human rights field operation : law, theory and practice 1. United Nations 2. Humanitarian intervention 3. Humanitarian intervention - Case studies 4. Human rights workers 5. Human rights workers - Case studies I. O’Flaherty, Michael, solicitor 341.5'84 Library of Congress Cataloging-in-Publication Data The human rights field operation : law, theory and practice / edited by Michael O’Flaherty. p. cm. Includes bibliographical references and index. ISBN-13: 978-0-7546-4936-6 ISBN-13: 978-0-7546-4937-3 1. Human rights field operations. 2. Humanitarian assistance. 3. Human rights workers. 4. United Nations. I. O’Flaherty, Michael, solicitor. JC571.H865 2006 341.5’84--dc22 2006025017 ISBN 978 0 7546 4936 6 (HBK) ISBN 978 0 7456 4937 3 (PBK) Printed and bound in Great Britain by TJ International Ltd, Padstow, Cornwall. Contents List of Figures Notes on Contributors Acknowledgements vii ix xv 1 Human Rights Field Operations: An Introductory Analysis Michael O’Flaherty 1 2 The Fundamental Protection Function of the Human Rights Field Operation Nicholas Howen 31 3 The Legal Base for Human Rights Field Operations Nigel D. White and Marco Odello 47 4 Towards an Ethical Base for the Work of Human Rights Field Operations George Ulrich 69 5 The Deployment of Human Rights Field Operations: Policy, Politics and Practice Daniel Moeckli and Manfred Nowak 87 6 The Human Rights Field Operation in Partnership for Peace Bertrand G. Ramcharan 105 7 The Human Rights Field Operation in Partnership for Security William G. O’Neill 125 8 The Human Rights Field Operation in Partnership for Transitional Justice David Marshall 141 9 The Human Rights Field Operation in Partnership for Humanitarian Relief and Reconstruction Michael O’Flaherty 10 Protection: The United Nations Children’s Fund Experience Karin Landgren 11 Protection: The Office of the United Nations High Commissi