The United Nations Human Rights Council: A Critique and Early Assessment

343 Pages·2013·2.868 MB·English

by  Rosa Freedman

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The United Nations Human
Rights Council
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y The United Nations Human Rights Council was created in 2006 to replace
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M the UN Commission on Human Rights. The Council’s mandate and founding
6 principles demonstrate that one of the main aims, at its creation, was for
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3 the Council to overcome the Commission’s flaws. Despite the need to avoid
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: repeating its predecessor’s failings, the Council’s form, nature and many of
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0 its roles and functions are strikingly similar to those of the Commission.
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a The book examines the creation and formative years of the United Nations
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d Human Rights Council and assesses the extent to which the Council has
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or fulfilled its mandate. International law and theories of international relations
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F are used to examine the Council and its functions. Council sessions, proce-
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o dures and mechanisms are analysed in-depth, with particular consideration
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t given to whether the Council has become politicised to the same extent
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r as the Commission. Whilst remaining aware of the key differences in their
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i functions, Rosa Freedman compares the work of the Council to that of
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U treaty-based human rights bodies. The author draws on observations from
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y her attendance at Council proceedings in order to offer a unique account of
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d how the body works in practice.
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d The United Nations Human Rights Council will be of great interest to
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o students and scholars of human rights law and international relations, as well
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w as lawyers, NGOs and relevant government agencies.
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Dr. Rosa Freedman is a Lecturer at the University of Birmingham and
a member of the English Bar. Specialising in International Law and Inter-
national Human Rights, she has published articles in, amongst others, the
Netherlands Quarterly of Human Rights and the International Journal of Human
Rights. She has worked for various NGOs and contributes to The Guardian
online.
Routledge Research in Human Rights Law
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y Available titles in this series include: Vindicating Socio-Economic Rights
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M International Standards and Comparative
The Right to Development in
6 International Law Experiences
0 Paul O’Connell
3 The Case of Pakistan
1 Khurshid Iqbal The EU as a ‘Global Player’ in Human
:
7 Rights?
0 Global Health and Human Rights
t Legal and Philosophical Perspectives Jan Wetzel
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] John Harrington and Maria Stuttaford Regulating Corporate Human Rights
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d Violations
i The Right to Religious Freedom in
r Humanizing Business
o International Law
l Surya Deva
F Between Group Rights and Individual Rights
of Anat Scolnicov The UN Committee on Economic,
y Social and Cultural Rights
it Emerging Areas of Human Rights in The Law, Process and Practice
s the 21st Century
ver The Role of the Universal Declaration of Marco Odello and Francesco Seatzu
ni Human Rights State Security Regimes and the Right to
U Marco Odello and Sofia Cavandoli Freedom of Religion and Belief
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y The Human Right to Water and its Changes in Europe Since 2001
b Karen Murphy
d Application in the Occupied Palestinian
e Territories The European Court of Human Rights
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a Amanda Cahill in the Post-Cold War Era
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nl International Human Rights Law and Universality in Transition
w James A. Sweeney
Domestic Violence
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D The Effectiveness of International Human The United Nations Human Rights
Rights Law Council
Ronagh McQuigg A Critique and Early Assessment
Rosa Freedman
Human Rights in the Asia-Pacific Region
Towards Institution Building
Hitoshi Nasu and Ben Saul Forthcoming titles in this series include:
Human Rights Monitoring Mechanisms Children and International Human
of the Council of Europe Rights Law
Gauthier de Beco The Right of the Child to be Heard
Aisling Parkes
The Positive Obligations of the State
under the European Convention of Jurisdiction, Immunity and
Human Rights Transnational Human Rights Litigation
Dimitris Xenos Xiaodong Yang
The United Nations
Human Rights Council
A Critique and Early Assessment
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2 Rosa Freedman
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First published 2013
by Routledge
2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN
Simultaneously published in the USA and Canada
by Routledge
711 Third Avenue, New York, NY 10017
Routledge is an imprint of the Taylor & Francis Group, an informa business
© 2013 Rosa Freedman
The right of Rosa Freedman to be identified as author of this work has been
7 asserted by her in accordance with sections 77 and 78 of the Copyright,
1 Designs and Patents Act 1988.
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2 All rights reserved. No part of this book may be reprinted or reproduced or
y utilised in any form or by any electronic, mechanical, or other means, now
Ma known or hereafter invented, including photocopying and recording, or in any
information storage or retrieval system, without permission in writing from
6 the publishers.
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3 Trademark notice: Product or corporate names may be trademarks or registered
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: trademarks, and are used only for identification and explanation without
7 intent to infringe.
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at British Library Cataloguing in Publication Data
] A catalogue record for this book is available from the British Library
a
d Library of Congress Cataloguing in Publication Data
i
or Freedman, Rosa.
Fl The United Nations Human Rights Council : a critique and early
f assessment / Rosa Freedman.
o pages cm
y ISBN 978-0-415-64032-9 (hardback) – ISBN 978-0-203-07473-2 (e-book)
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si (print) 1. United Nations Human Rights Council. 2. Human rights.
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e I. Title.
v K3241.F74 2013
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n 341.4′8–dc23
U
2012034242
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b ISBN 978-0-415-64032-9 (hbk)
d ISBN 978-0-203-07473-2 (ebk)
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oa Typeset in Garamond
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Contents
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y Acknowledgement x
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3 Introduction 1
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da The Human Rights Council’s mandate 7
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F 1 Background: from Commission to Council 9
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si 1.1 History of the Commission on Human Rights 9
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v 1.2 The Commission’s demise 17
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b rights body 39
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d 2.1 Reform proposals 39
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3.1 Background to GA Resolution 60/251 55
3.2 GA Resolution 60/251 57
3.3 The Council’s mandate 70
3.4 The Council’s powers 75
3.5 Founding principles 78
3.6 The Institution Building Package 81
3.7 Summary 83
viii Contents
PART 2
Criteria for assessing the Council 85
4 International relations theories 87
4.0 Introduction to part 87
4.1 Realism 88
4.2 Idealism 91
4.3 Social constructivism 93
4.4 Institutionalism 95
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5 Roles and functions of international organisations 107
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a 6 Politicisation of international organisations 119
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si 6.5 Politicisation of human rights bodies 141
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7.1 US exceptionalism and unilateralism 151
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7.3 US views on the Council’s activities 158
7.4 US objections to the Council’s work 161
7.5 The US human rights record 170
7.6 US election to the Council 187
7.7 Summary 190
Contents ix
8 The Council’s inaction on Darfur 197
8.0 Introduction to chapter 197
8.1 Background positions within the political and regional
alliances 200
8.2 Council sessions’ dealings on Darfur 206
8.3 Patterns and impact of regional alliances 243
8.4 Summary 248
9 Innovative mechanisms 253
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3 Conclusion 297
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