202
Access to Redress for Stateless Persons Under International Law
For instance, the precedent set by the UNCC clearly shows that challenges posed by lack of nationality can
be overcome through special measures such as granting international organizations, or the state of habitual
residence, the power to file claims on behalf of the stateless. This approach taken by the UNCC, where it
turned a challenge into an opportunity, can serve as a basis for future mechanisms of a similar nature with
the task of assisting stateless persons, among others. The examination of the IACtHR and ICC showed that
access to international human rights courts and international criminal tribunals is not restricted by nationality or lack thereof. Even though issues regarding proof of identity as a result of lack of documentation
initially posed a potential challenge, this article shows that these mechanisms227 are willing to make exceptions and be lenient depending on the circumstances. This was the approach taken by the IACtHR, which
took into account the special situation of stateless persons and opted for a more lenient approach regarding
identification, to guarantee access to redress. Regarding the ICC, it is true that the threshold is higher in a
criminal court, but the analysis has shown that the ICC has mechanisms in place to overcome issues regarding identification in order to prevent individuals from being denied redress.
In conclusion, for the potential challenges faced by stateless persons in accessing redress to become
opportunities, judicial or non-judicial fora need to interpret decisions, rules, and procedures taking into
account the context and the situation of vulnerability statelessness can create for individuals. This also creates an opportunity for international law to continue evolving, beyond the role of states as primary actors.
What cannot be doubted, is that for all wrongs to be effectively righted, it is essential for international
mechanisms with powers to grant redress to ensure that all who have been harmed by an internationally
wrongful act—including the world’s stateless individuals—can access appropriate redress.
Competing Interests
The author has no competing interests to declare.
227
The same can be said of the European Court of Human Rights, which has heard multiple cases concerning stateless persons,
including Auad v Bulgaria, Application No 46390/10 (ECtHR, 2011); Amie and Others v Bulgaria, Application No 58149/08 (ECtHR,
2013); Kim v Russia, Application No 44260/13 (ECtHR, 2014); Kurić and Others v Slovenia, Application No 26828/06 (ECtHR, 2012).