Human rights accountability of sui generis entities: investigating domestic avenues

Haris Huremagić and Fritz Kainz

Chapter 6 in Human Rights Accountability of Non-Universally Recognised States and State-Like Entities, 2026, pp 110-136 from Edward Elgar Publishing

Abstract: While conventional wisdom often conceives of human rights as a matter of international law, in the past decades domestic courts have become one of its primary protectors around the world. Conversely, in the case of sui generis entities, the role of domestic law and institutions is less apparent. This chapter investigates the ways in which international legal mechanisms contribute to the human rights accountability of two textbook sui generis entities, namely the Sovereign Military Order of Malta and the International Committee of the Red Cross. It argues that as a matter of doctrine and of policy, the availability of these internal remedies may have important consequences for the question of immunity before domestic courts. This would approximate the treatment of sui generis subjects to that of international organisations and contribute to human rights accountability and the rule of law in the international community.

Keywords: Sui generis entities; Sovereign Military Order of Malta; International Committee of the Red Cross; Human rights accountability; Rule of law; Immunities (search for similar items in EconPapers)
Date: 2026
ISBN: 9781035365128
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