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13 The Work of Expert Bodies: Complaint Procedures and Fact-finding

From: Human Rights: Between Idealism and Realism, Third Edition

Christian Tomuschat

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 01 March 2024

Treaties, reservations and declarations — Travaux préparatoires — Exhaustion of local remedies — Fact-finding and inquiry — Interim and provisional measures — Torture — Standing — International courts and tribunals, procedure
The international treaties for the protection of human rights have introduced two different complaints procedures: procedures open to states parties according to which one state charges another state with not fulfilling its duties under the treaties concerned (interstate complaints); and procedures permitting individuals believing themselves to be victims of a violation of their rights to bring a complaint to the attention of the competent review body (individual complaints). As far as terminology is concerned, at the United Nations level the practice has become...
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