Prof. Michael RAMSDEN has published an article “Cooperation with United Nations Atrocity Inquiries” in the Fordham International Law Journal.
The article evaluates the legal basis for a State duty to cooperate with atrocity inquiries within the United Nations (“UN”). The conventional understanding is that such duty only exists pursuant to a Security Council decision. Through examination of General Assembly practice in monitoring State cooperation with atrocity inquiries, the article considers whether there is a basis for cooperation to be constructed as a primary obligation under the UN Charter. It considers the extent to which the text of the UN Charter and other sources of international law support a reasonable interpretive claim that a duty to cooperate with UN atrocity inquiries exists. While practice is inconsistent, the article shows there to be seeds from which the General Assembly could, in a “declaration,” confirm an understanding that state cooperation with UN atrocity inquiries is obligatory.
Read the article here.