International law and human rights
The firm practises public international law, the law of international organizations and the international protection of human rights. It advises clients on complex questions relating to privileges and immunities, the status of international civil servants, relations with international organizations and recourse before the European courts and the UN treaty bodies. Its expertise draws in particular on professional experience within United Nations institutions and the International Criminal Court (ICC).
Privileges and immunities of officials, organizations and diplomats
The firm advises and assists clients on questions of privileges and immunities in international law, in particular where national proceedings, a dispute or an administrative decision raise a difficulty as to their scope or application. This may concern:
- officials and agents of international organizations: the scope of functional immunity, acts performed in the exercise of functions, the procedure for waiving immunity and interactions with national authorities;
- international organizations: immunity from jurisdiction and enforcement, the scope of headquarters agreements, legal status, relations with the host State and the interplay with domestic law;
- diplomats and consular agents: the privileges, immunities and inviolabilities under the Vienna Conventions of 1961 on diplomatic relations and 1963 on consular relations.
These questions can arise where an international official is sued before a national court, where an international organization is taken to court, or where it must be determined whether an immunity bars a national authority from exercising jurisdiction.
The scope of an immunity must be assessed case by case, according to the status of the person or organization and the nature of the acts concerned.
Recourse before the European Court of Human Rights (ECtHR)
The European Court of Human Rights, sitting in Strasbourg, examines applications alleging a violation of the rights guaranteed by the European Convention on Human Rights, subject to the admissibility conditions.
The firm assists clients in analysing the admissibility of an application and in preparing the legal arguments on the alleged violations, which may concern the right to a fair trial, the prohibition of torture and inhuman or degrading treatment, the right to respect for private and family life or freedom of expression.
Bringing a case before the ECtHR is subject to strict conditions, in particular the exhaustion of the relevant domestic remedies and the four-month time limit from the final relevant domestic decision.
EU law: European Commission and CJEU
Where a situation reveals a possible breach of EU law by a Member State, a complaint may be sent to the European Commission. The Commission assesses what action to take and may, if it considers that a breach exists, bring proceedings against the State concerned before the Court of Justice of the European Union.
The firm also examines whether to raise, before a national court, a request for a preliminary ruling on the interpretation or validity of EU law. These mechanisms are not individual remedies equivalent to an appeal against a national decision.
Individual communications before the UN treaty bodies
Certain UN committees, also known as treaty bodies, may examine individual communications alleging a violation of the rights guaranteed by the international treaties within their competence.
The firm assists clients in analysing the possibilities of recourse, in particular before the Human Rights Committee, which oversees the implementation of the International Covenant on Civil and Political Rights, and the Committee against Torture, competent for matters under the Convention against Torture.
In certain urgent situations, it is also possible to request interim or protective measures to prevent irreparable harm while the communication is being examined.
Frequently asked questions
What is the immunity of an international official?
The immunity of an international official is intended to ensure the independent exercise of the functions entrusted by their organization. Its scope depends on the applicable texts, the agent's status and the nature of the acts concerned. It is often functional, but its exact regime must be determined case by case.
Can an international organization be sued before a French court?
Whether proceedings can be brought against an international organization depends on its regime of immunity from jurisdiction, the applicable conventions, its headquarters agreement and the relevant case-law. The existence and scope of an immunity must be examined in the light of the circumstances of the dispute and the procedural guarantees at stake.
When can the European Court of Human Rights be seised?
An individual application must satisfy the admissibility conditions under the European Convention on Human Rights. In principle, the relevant domestic remedies must have been exhausted and the application must be lodged within four months of the final relevant domestic decision.
Can an individual bring a case directly before the Court of Justice of the European Union?
Direct access to the CJEU is limited to the remedies provided by the Treaties and subject to strict conditions. Depending on the situation, a national court may refer a question for a preliminary ruling, or a complaint may be sent to the European Commission regarding an alleged breach of EU law by a Member State.
Can a UN committee be seised against France?
An individual communication may be considered against France before a treaty body competent to examine the complaint, subject to the admissibility conditions under the relevant treaty and procedure.