Um direito sem remédio? Uma análise da responsabilidade da ONU por violações a direitos humanos em missões de paz

Abstract

This dissertation investigates the possibility of holding the UN accountable for human rights violations committed in peacekeeping missions. The expansion of the UN’s range of activities in the international scenario was not accompanied by a greater development regarding the possibility of its accountability for the illicit acts of its organs and agents. Faced with this apparent mismatch, two questions were raised: (i) is the UN responsible for human rights violations committed in peace missions? (ii) If so, does international law offer remedies that can guarantee the adequate protection of these rights vis-à-vis the organization? The answer to these questions was achieved through the decomposition of the elements of international responsibility, that is, attribution and illegality of conduct, with the subsequent analysis of the rules of competence of the main international mechanisms for investigating human rights violations. With this study it was possible to conclude that although the UN has a duty to respect human rights norms, several violations involving peacekeeping personnel are daily reported. The theoretical construct defended allows us to observe that the breach of an international obligation can be attributable to the organization, however, there are not enough means for these rights to be adequately protected. It is argued, in conclusion, that only the Human Rights Council is empowered to investigate these violations through its special procedure, but the existence of a single mechanism, within the structure of the denounced organization, is not enough to guarantee the adequate investigation of the violations and the effectiveness of the rights entitled by victims.