This book offers an original and insightful analysis of the human rights inadequacies that arise in the practice of UN territorial administration by analysing and assessing the practice of UNMIK. It provides arguments based on law and principles to support the thesis that a comprehensive legal framework governing the activities of the UN mission is a crucial prerequisite for its proper functioning. This is complemented by a discussion of several emerging issues surrounding the UN activity on the ground, namely, its legislative, judicial, and executive power.
The author offers an extensive and well-documented analysis of the UN’s capacity as a surrogate state administration to respond to the needs of the governed population and, above all, protect its fundamental rights. Based on her findings, Murati concludes that only a comprehensive mandate can serve the long term interests of the international community’s objective to efficiently promote, protect, and fulfil human rights in a war-torn society.
UN Territorial Administration and Human Rights provides a detailed critical legal analysis of one of the major UN administrations of territory after the Cold War, namely, the UN administration of Kosovo from 1999 to 2008. The analysis in this book will be beneficial to international law and international relations scholars and students, as well as policymakers and persons working for international organisations. The analysis and the lessons learned through this study shed light on the challenges entailed in governing territories and rebuilding state institutions while upholding the rule of law and ensuring respect for human rights.
Table of Contents
Introduction: the UNMIK's mandate in Kosovo
1. Making laws for others: managing complexity
2. The paradigm of an independent judicial system under international administration
3. The paradox of UNMIK’s justice system: measuring the performance of UNMIK’s courts and its quasi-judicial bodies
4. The extent of UNMIK’s authority on the ground
5. Between immunity and accountability: the immunity and privileges of UNMIK
6. Holding UNMIK accountable for human rights violations
7. General conclusions
Gjylbehare Bella Murati is Assistant Professor of International Relations and International Diplomatic Law at Haxhi Zeka University, Kosovo. She holds a PhD in law from Ghent University, Belgium, an LLM from Essex University, UK, and a BA in law from Universities of Prishtina, Kosovo, and Utrecht, the Netherlands. Previously she was an associate postdoctoral research fellow at Human Rights Centre in Ghent, Belgium, research fellow at the Max Planck Institute for Comparative Public Law and International Law in Heidelberg, Germany, and visiting lecturer at the European inter-university centre for Human Rights and Democratization in Venice Lido, Italy.