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 COMMENTARY 25

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