ACCOUNTABILITY MECHANISMS FOR HUMAN RIGHTS VIOLATIONS BY CSDP MISSIONS: AVAILABLE AND SUFFICIENT?

In: The international & comparative law quarterly: ICLQ, Band 66, Heft 1, S. 181-207

Abstract

AbstractThis article demonstrates that it is doubtful whether the accountability mechanisms available in connection with operative missions conducted under the EU's Common Security and Defence Policy (CSDP) provide a sufficient level of protection when human rights are violated. The assessment of the CSDP accountability mechanisms—the Court of Justice of the European Union, domestic courts of EU Member States, and other mechanisms at the international level—is conducted in light of the requirements laid down in Article 13 of the European Convention of Human Rights. The consequences of the insufficiency of these mechanisms for the EU's accession to the ECHR are also touched upon.