The United Nations Human Rights Council: A critique and early assessment

Abstract

The United Nations Human Rights Council was created in 2006 to replace the UN Commission on Human Rights. The Commission‘s failure had been attributed to its increasing politicisation and decreasing ability to discharge its mandate. Many radical reforms were not taken up at the Council‘s creation. The Council‘s constituent instrument did provide theoretical methods for avoiding the Commission‘s failings, all of which required implementation by states, regional groups and political blocs. Despite efforts at the Council‘s creation, and during early sessions, to avoid selectivity, partiality and bias, the new body has seen little change in the problems that had beset its predecessor. Many of the issues at the new body can be found in other international organisations. Unlike other bodies, however, those failings undermine the Council‘s ability to discharge its mandate. In order to examine the Council, I have used international law alongside general theories of international relations as applied to international organisations. Council sessions, procedures and mechanisms have been examined, and politicisation of the new body has been compared with the Commission‘s failings.