The content of this seminar is the result of an ongoing research project by Professor Gentian Zyberi and Eduardo Sánchez Madrigal, MPhil, which in due time will be published as part of NCHR’s Occasional Paper Series
About the Project:
This research project analyses the position adopted by various human rights bodies concerning the legal nature of interim or provisional measures (the terms are used interchangeably), outlining first their legal basis and then the position taken by these mechanisms in their practice.
The analysis includes the practice of United Nations’ human rights treaty bodies, with a focus on the practice of the United Nations Human Rights Committee, and the regional human rights mechanisms. First, the paper looks at the practice of the Human Rights Committee in the context of the implementation of the First Optional Protocol, before turning to the practice of the other UN treaty bodies. Then, the practice of the three regional human rights mechanisms (based on a one-tier or two-tier system) is presented. Finally, the paper includes also the practice of the International Court of Justice, given the court’s importance as the principal judicial organ of the UN, and its practice in consular and diplomatic protection cases.
While most of these judicial and quasi-judicial bodies have concluded that their interim measures are legally binding, there are still some lingering controversies concerning their legal nature and potential consequences for non-compliance.
About the Speakers:
- Gentian Zyberi is the Head of Department at the Norwegian Centre for Human Rights and a member of the United Nations Human Rights Committee (2019-2022). Throughout his career, he has effectively combined academic work and the practice of international law. Professor Zyberi has done research, published and taught in the areas of international human rights, international humanitarian law, international criminal law and public international law at different universities in the Netherlands, Albania, China, the United States, and Norway.
- Eduardo Sánchez Madrigal is an executive officer at the Norwegian Centre for Human Rights, working with the Editorial Office of the Nordic Journal of Human Rights and the Research Group on Human Rights, Armed Conflicts, and the Law of Peace and Security. He has previously worked in private practice and as a teaching assistant of comparative law in Mexico.
Practical information:
This seminar will be held as a hybrid event, meaning that it is possible to join in person or via Zoom. Please register using the link below and select your preferred attendance modality. If you choose to join us via Zoom, the link to the event and login details will be shared with registered participants well in advance.
Coffee and tea will be served. Feel free to bring your lunch.