194 Access to Redress for Stateless Persons Under International Law meant deviating from common practice, which posed both a challenge and an opportunity. It also showed that sometimes international legal challenges require innovative solutions. The creation of the UNCC itself set ‘an important precedent in international law’,135 because it was the first time an international claims agency was created by the UNSC. Another important precedent set by the UNCC is that, according to Townsend, it ‘has left behind the formalities of classic diplomatic espousal for a more flexible approach’136 by allowing United Nations (UN) agencies and states that would normally not be able to file claims on behalf of stateless persons to file claims on their behalf. Its work contributed to recent developments in placing the individual, rather than the state, at the centre of international law.137 4.2 The Inter-American Court of Human Rights 4.2.1 Background and process The Inter-American system’s ‘origins lie in two distinct, though interrelated, instruments’,138 the American Convention on Human Rights (ACHR), adopted in 1969, and the American Declaration on the Rights and Duties of Man (American Declaration), adopted in 1948. Both instruments are overseen by the same authority, the Inter-American Commission on Human Rights (IACommHR). This authority has the power to receive and process communications139 from Member States of the Organization of American States,140 individuals and organizations for any alleged violations of human rights enshrined in the American Declaration or the ACHR.141 The Commission must first establish whether a complaint meets the requirements for admissibility, and can then ‘hold hearings on the complaint, and (…) try to effectuate a friendly settlement’.142 If no settlement is reached, the Commission can submit the case to the Inter-American Court of Human Rights (IACtHR). The IACtHR has the power to adjudicate cases where violations of the ACHR are alleged, after referral to the Court by the Commission.143 Cases can be referred to the IACtHR if the state in question has accepted the court’s jurisdiction.144 The ACHR does not allow for individuals to bring a case before the IACtHR;145 only the Commission can receive petitions from individuals, and then can bring cases before the Court on behalf of the victims. Therefore, the Commission is party to the proceedings before the Court, and not the individual.146 Individuals are fully dependent on the Commission regarding any prospects of obtaining redress for the violations they suffered.147 135 136 137 138 139 140 141 142 143 144 145 146 147 G Townsend, ‘The Iraq Claims Process: A Progress Report on the United Nations Compensation Commission & (and) U.S. Remedies’ (1995) 17(4) Loyola of Los Angeles International and Comparative Law Review 973. Ibid. Additionally, the UNCC’s practice has also contributed to claims resolution practices. See H Van Houtte, H Das & B Delmartino, ‘The United Nations Compensation Commission’ in P De Greiff (ed), The Handbook of Reparations (Oxford University Press, 2006), at 341. ‘The Evolution of Victims’ Access to Justice’ in K Booth & J Sulzer, Victims’ Rights Before the International Criminal Court: A Guide for Victims, their Legal Representatives and NGOs (International Federation for Human Rights (FIDH), Paris 2007), at 18. While the Commission can make decisions on communications, said decisions are not legally binding despite being ‘of a legally authoritative and persuasive nature’ because the Commission is a semi-judicial body. The Commission can also suggest remedial measures to the state which has been found responsible of the violation(s). See ‘The Evolution of Victims’ Access to Justice’ in K. Booth & J Sulzer, Victims’ Rights Before the International Criminal Court: A Guide for Victims, their Legal Representatives and NGOs (International Federation for Human Rights (FIDH), Paris 2007), at 18; D Shelton, Remedies in International Human Rights Law (2nd, Oxford University Press, 2005), at 208. OAS’ members are all countries in the American continent (also known as the ‘Americas’ region except for French Guyana which is a French territory. ‘The Evolution of Victims’ Access to Justice’ in K. Booth & J Sulzer, Victims’ Rights Before the International Criminal Court: A Guide for Victims, their Legal Representatives and NGOs (International Federation for Human Rights (FIDH), Paris 2007), at 18; D Shelton, Remedies in International Human Rights Law (2nd, Oxford University Press, 2005), at 208. D Shelton, Remedies in International Human Rights Law (2nd, Oxford University Press, 2005), at 208; regarding the friendly settlement, see Art 48(1)(f) ACHR. ‘The Evolution of Victims’ Access to Justice’ in K Booth & J Sulzer, Victims’ Rights Before the International Criminal Court: A Guide for Victims, their Legal Representatives and NGOs (International Federation for Human Rights (FIDH), Paris 2007), at 19. C Medina, ‘The Inter-American Commission on Human Rights and the Inter-American Court of Human Rights: Reflections on a Joint Venture’ (1990) 12(4) Human Rights Quarterly 439, at 446. ‘The Evolution of Victims’ Access to Justice’ in K Booth & J Sulzer, Victims’ Rights Before the International Criminal Court: A Guide for Victims, their Legal Representatives and NGOs (International Federation for Human Rights (FIDH), Paris 2007), at 20; D Shelton, Remedies in International Human Rights Law (2nd, Oxford University Press, 2005), at 216. See Arts. 48 & 57, Organization of American States (OAS), American Convention on Human Rights, ‘Pact of San Jose’ (22 November 1969). According to Shelton, ‘the Commission’s role has been likened by the IACtHR to that of a public prosecutor’. See D Shelton, ­Remedies in International Human Rights Law (2nd, Oxford University Press, 2005), at 216.