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Open Access. Powered by Scholars. Published by Universities.®

2010

SelectedWorks

Dispute Resolution

Benjamin E. Brockman-Hawe

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Full-Text Articles in Law

Questioning The Un's Immunity In The Dutch Courts; Unresolved Issues In The Mothers Of Srebrenica Litigation, Benjamin E. Brockman-Hawe Oct 2010

Questioning The Un's Immunity In The Dutch Courts; Unresolved Issues In The Mothers Of Srebrenica Litigation, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

Providing victims with a judicial forum where they can air their grievances and obtain redress for violations of their rights is regarded as the cornerstone of an international culture of accountability, and restrictions on the right of access to a court must not run afoul of international law's prohibition on the denial of justice. The operation of international organisations, on the other hand, is predicated on the notion that shielding them from the normal processes of the law by providing for their immunity before national courts is the only way to ensure their effectiveness. When an international organization tasked with …