The Binding Nature of Interim Measures Issued by Human Rights Treaty Bodies

Abstract

UN Human Rights Treaty Bodies play an essential role in the promotion of State parties’ compliance with international human rights treaties, through examination of complaints filed pursuant to individual communications procedure. These bodies, despite of their quasi-judicial function, are allowed to request interim measures in order to preserve the rights of the individuals claiming of being violated until the final views on the relevant communications are adopted. Whereas, final views adopted by Treaty Bodies are not per se binding and considering the lacuna in their founding instruments and rules of procedure, it is to be seen whether or not interim measures requested by these Bodies could be considered as having a binding force. In the present article, the legal nature of interim measures issued by the UN Human Rights Treaty Bodies is reviewed in light of legal doctrine and the jurisprudence of the said Bodies.

Keywords

• un human rights treaty bodies
• human rights committee
• committee against torture
• interim measures
• binding