Iraq human rights legal enforecment

Blog post setting out Legal arguments around human rights and corporations by Legal scholar
"The US government published in February 2009 its decision that it will not renew its contract with the private security corporation formerly known as Blackwater Worldwide. Such a decision comes as no surprise given the allegations of killing 17 civilians by Blackwater guards, coupled with the Iraqi government’s refusal to extend Blackwater’s operating license. This case, however, opens again a number of conundrums relating to legal accountability for corporations and its employees for human rights violations. In short, how do we provide effective legal remedies to victims for human rights violations by or involving corporations? This comment therefore briefly explores the weaknesses of the current framework for corporate accountability for human rights.

"The international human rights regime is comprised of only complementary national legal systems. Beyond international human rights regimes, an important role is played by national legal systems and national courts. It appears that where corporations and their employees interfere with the human rights of individuals, complaint mechanisms are required to be employed to provide remedies for allegations. Judicial mechanisms, non-judicial mechanisms and internal corporate monitoring mechanisms can contribute to the effective responses to human rights violations by or involving corporations.

"Lack of access to the legal orders is still the major obstacle to the enjoyment of individual human rights. The regulatory framework for corporate responsibility on the international level remains unclear. John Ruggie, the UN Special Representative for Business and Human Rights recognizes [PDF file] that “judicial mechanisms are often under-equipped to provide effective remedies for victims of corporate abuse.” "

This was written by Jernej L. Cernic of the University of Aberdeen - School of Law. Articles by him, including:

"Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises
Hanse Law Review (HanseLR), Vol. 4, No. 1, September 2008
When an individual has suffered a violation of her human rights by or involving corporations, she should have recourse to a court or quasi-judicial mechanism to enforce responsibility of perpetrator. It appears that the victims of human rights violations by or involving corporations have presently a limited access to a court either in their home country or in the country where the corporation in question is registered or, indeed, in the international arena."L. Cernic, Jernej,Corporate Responsibility for Human Rights: A Critical Analysis of the OECD Guidelines for Multinational Enterprises(December 17, 2008). Hanse Law Review (HanseLR), Vol. 4, No. 1, September 2008. Available at SSRN: http://ssrn.com/abstract=1317263

Corporate Responsibility for Human Rights
A Review Essay on the 2008 report of the UN Special Representative of the Secretary-General on the issue of human rights and Transnational corporations and other business enterprises, Professor John Ruggie to the United Nations Human Rights Council, Protect, Respect and Remedy: a Framework for Business and Human Rights AH/HRC/8/5, 7 April 2008. L. Cernic, Jernej,Corporate Responsibility for Human Rights(June 27, 2008). Libertas Working Paper No. 1/2008. Available at SSRN: http://ssrn.com/abstract=1152354

Corporations above the law Legal status of the government reduced by Order 17: "On June 27, 2004, the day before the United States was to grant sovereignty to a new Iraqi government and disband the Coalition Provisional Authority, L. Paul Bremer, the U.S. proconsul, issued a stunning new order. One of the final acts of the CPA, Order 17 declared that foreign contractors within Iraq, including private military firms, would not be subject to any Iraqi laws -- "all International Consultants shall be immune from Iraqi legal process,"
Blumenthal, S (2007) 'Red, white and mercenary in Iraq' Salon, October 4 2007