Local Impact of ‘UN Accountability’ Under International Law: The Rise and Fall of UNMIK's Human Rights Advisory Panel

Abstract

The internationalized exercise of public power in Kosovo's peculiar legal order is characterized by the interplay between local and international legal norms, traditional concepts of immunity and the lack of a coherent legal framework. Within this setting the overall accountability framework that usually applies to UN missions proves insufficient. This article reflects on the Human Rights Advisory Panel – a sui generis body established with the aim to improve the accountability record of the UN mission in Kosovo – as well as on the strained relationship between this oversight body and the UN mission, which culminated in the ultimate demise of the panel. The article argues that the accountability of missions engaged in international territorial administration cannot be guaranteed through ad hoc mechanisms. Rather, accountability should be regulated in advance, through ‘fit-for-purpose’ mechanisms and by institutions independent of the administering missions.