Writ of summons - Van Diepen Van der Kroef

for International Organisations comparable to Articles 31 et seq. ILC Articles for Statesis not yet finished. That does not detract from the fact that the international customarylaw for international organisations is comparable to Articles 31 et seq. of the ILCArticles for States (see, R.J. Dupuy et al, op. cit., page 887, and M. Zwanenburg, op. cit.,pages 70 and 71).422. The UN and the State of the Netherlands must consequently pay compensation toPlaintiff and Foundation for the breaches of the international law set out above (see, K.Schmalenbach, Die Haftung Internationaler Organisationen, 2004, page 453, and A.Simon, op. cit., page 265).II.6. Enforcement of liability423. A distinction must be drawn when describing the enforcement of liability according tothe type of norm that is violated. In the case of breaches of norms of publicinternational law in principle only states can enforce liability. This situation is regardedas unsatisfactory in the literature and the caselaw. Following research by the CAVVand the UN it has been established that this principle should be set aside and thatindividuals also can bring a claim against states and the UN on the basis of norms ofpublic international law.424. Plaintiff and the Foundation have above already introduced the CAVV. The CAVVconcluded that an exception exists to the principle that only a state can enforce a claimon the ground of public international law. That exception applies to norms of publicinternational law that confer rights directly on individuals on the ground of publicinternational law. Into this category fall, inter alia, norms of human rights (see, CAVVOpinion, no. 3.5).425. The UN appointed independent experts to research the problematic of the enforcementof the rights of the individual. These experts conducted their investigations over aperiod of fifteen years. Member States of the UN, international organisations and NGOswere consulted during that investigation. The investigation led to the UN resolution of16 December 2005 (number 60/147), ‘Basic Principles and Guidelines on the Right to a© Van Diepen Van der Kroef Advocaten 2007www.vandiepen.com177