Box 2: Court and tribunal decisions most often cited in this Commentary
Velásquez Rodríguez Case, Judgement of 29
July 1988, Inter-American Court of Human
Rights (Ser. C) No. 4 (1988)
Juridical Conditions and Rights of
Undocumented Migrants, Advisory Opinion
OC-18/03 of 17 September 2003, InterAmerican Court of Human Rights (Ser. A)
No. 18 (2003)
Prosecutor v. Kunarac et al. (Trial Chamber
I) Case No. IT-96-23-T& IT-96-23/1-T (22
February 2001) (Judgement)
Prosecutor v. Kunarac et al. (Appeals
Chamber) Case No. IT-96-23 & IT-96-23/1-A
(12 June 2002) (Judgement)
Rantsev v. Cyprus and Russia (25965/04)
[2009] ECHR 22 (7 January 2010)
of human rights treaty bodies and the reports of
special procedures of the United Nations Human
Rights Council (previously the Commission on
Human Rights), are all important sources of
guidance in identifying the nature of both rights
and obligations. As “soft law” these instruments
can also help to contribute to the development
of new legal norms and standards, for example,
in the case of United Nations General Assembly
resolutions,10 by providing evidence of opinio
juris and even State practice in the context of an
emerging customary norm.
Soft law is especially important in several areas
that directly touch upon the subject matter of this
Commentary. For example, the United Nations
has worked with States over many years to
Military and Paramilitary Activities in and against
Nicaragua (Nicaragua v. United States of America),
Jurisdiction and Admissibility (1984) ICJ Reports 392.
10
Siliadin v. France (73316/01) [2005] ECHR
545 (26 July 2005)
MC v. Bulgaria (39272/98) [2003] ECHR
651 (4 December 2003)
Osman v. the United Kingdom (23452/84)
[1998] ECHR 101 (28 October 1998)
Akkoç v. Turkey (22947/93;22948/93)
[2000] ECHR 458 (10 October 2000)
Social and Economic Rights Action Center and
the Center for Economic and Social Rights v.
Nigeria, African Commission on Human and
Peoples’ Rights, Comm. No. 155/96 (2002)
Maria Penha Maia Fernandes v. Brazil, Case
12.051, Report No. 54/01, OEA/Ser.L/V/
II.111 Doc. 20 rev. at 704 (2000)
develop non-treaty standards covering key aspects
of the administration of criminal justice including
detention and imprisonment. Some examples are
the United Nations Standard Minimum Rules for
the Administration of Juvenile Justice; the Rules
for the Protection of Juveniles Deprived of their
Liberty; the Declaration of Basic Principles for
Victims of Crime and Abuse of Power; and the
Basic Principles and Guidelines on the Right to a
Remedy. These soft law instruments build on treatybased (and therefore legally enforceable) rules
such as the prohibition on arbitrary detention, the
rights of children and the right to a remedy for
violations of human rights.
In the specific area of trafficking, the most
important non-legal international instrument
is the subject of the present commentary: the
2002 Trafficking Principles and Guidelines. As
noted above, many aspects of the Trafficking
Principles and Guidelines are based on
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