Theo Van Boven: Fighting Impunity

At a time when we are witnessing an increase in inflammatory speeches that promote division and hatred among us, I believe that figures who encourage us to fight against discrimination, promote justice, and show compassion for others are becoming increasingly important. Theo Van Boven is a figure who, for these reasons, we should all acknowledge, as he played a fundamental role in how Human Rights are protected today.

He studied law at Leiden University and began his career in Foreign Affairs in 1970. From 1977 to 1982, he served as the Director of the UN Division of Human Rights (Geschichte der Menschenrechte, 2021). This division would later evolve into what is now known as the Office of the High Commissioner for Human Rights, established more than a decade later in 1993 (Resolution A/RES/48/141).

Changing the Paradigm

While Director of the UN Division of Humans Rights, he was in close contact with the military dictatorships in Chile and Argentina, notorious for their practices of detention, torture, and murder of their political opposition (The Wall Street Journal, 2023). In this context, Theo Van Boven introduced the concept of the “third system” – while the first system was the States representing their own interests and the second system consisted of major economic operators representing theirs, the third system provided a way for civil society and NGOs to defend their own interests. In other words, it conceded a direct way of protection of the Human Rights, challenging the paradigm that placesthe States at the centre of this capacity (Geschichte der Menschenrechte, 2021).

Theo Van Boven advocated for the opening of the United Nations System to victims of gross human violations, transforming it into a space where these people could be heard and protected (Expert Conference, 2014).

In 1980, under Theo Van Boven’s leadership, the Human Rights Commission established a working group dedicated to those who involuntary disappeared under military dictatorships, a true innovation in the relationship between the United Nations and the victims of Human Rights violations, making the first time there was a direct contact between the victims – in this case, relatives of the disappeared – and the United Nations representatives (Expert Conference, 2014).

His leadership of the United Nations Division of Human Rights was undoubtedly revolutionary but also troubled. After five years as Director, he left, stating there were “major policy differences with the leadership of the organization in New York” (New York Times, 1982). In his final speech, he also stated that “It is inexplicable and indefensible for the United Nations not to react urgently to situations of gross violations of human rights which arise between sessions of the commission (New York Times, 1982).

United Nations logo. Photo by Davi Mendes on Unsplash

Van Boven Principles

But Theo Van Boven’s contribution did not end in 1982. He continued his commitment to justice and the protection of Human Rights, making a very significant contribution to consolidating the victim as the main subject in International Human Rights Law. His main contribution would be the “Van Boven Principles”, a legal framework determining how the victims should be compensated for the damages they suffered and how to repair those damages (OHCHR, 2005).

Adopted by the UN General Assembly in 2005 (Resolution A/Res/60/147), this was a pivotal moment from a legal standpoint, as it systematized how States must repair the damage caused and compensate the victim, based on the ideas of restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.

He also became the first Registrar of the International Criminal Tribunal for the former Yugoslavia, contributing to the constitution of this ad-hoc court and ensuring accountability for crimes committed in the former Yugoslavia. Later, in 1998, he chaired the Dutch delegation to the Rome Conference for the establishment of the International Criminal Court, and between 2001-2004 he was the UN Special Rapporteur on Torture, denouncing practices of torture and mistreatment in various countries (Right Livelihood, 2024).

Legacy

When we take a look at his work and his contribution to the protection of Human Rights, which this short article cannot fully do justice to, we realize that a fundamental aspect of his work is the idea of independence and advocating for those who cannot project their own voice.

He opened the United Nations system to victims, and he did so not only by proclaiming it, but also by acting and fulfilling this demand, combating the impunity of those who commit gross human rights violations.

Van Boven helped to deconstruct the United Nations system focused on States and enabled the development of a line of thought where the individual is at the centre of International Human Rights Law. He also helped embody a system of principles, known as the “Van Boven Principles”, which today guide us in how the States should compensate victims of Humans Rights violations, imposing a set of obligations that they must diligently observe.

It is certainly easy to see Van Boven’s impact, but it is as easy to see, from the recent events, that what currently characterizes our Human Rights protection system is a sense of impunity.

In 2019, the documentary “The Subversives” was released, focusing on Van Boven’s work as Director for Human Rights at the UN. At the end of this documentary, Theo Van Boven tells us (UN, 2015): “If the average person only cares about him or herself, and then that is a world of mental poverty, we should try not to set our standards on the basis of mental poverty, but on solidarity with fellow human beings, from far away or just close by.”

Today, and perhaps more than ever, Van Boven’s critical and irreverent spirit must inspire us: the protections of Human Rights demand objectivity, sensitivity, and action, always fighting against impunity, which completely undermines the entire system.

Bibliography

1. Expert Conference: The Meaning and Implementation of Victim Orientation in the Treaty Bodies of the United Nations. (2014). https://www.ssoar.info/ssoar/bitstream/handle/document/45443/ssoar-2015-Expert_Conference_The_Meaning_and.pdf.

2. Geschichte der Menschenrechte. (2021, November 15). Theo van Boven. https://www.geschichte-menschenrechte.de/personen/theo-van-boven.

3. New York Times. (1982). U.N. rights official steps down, citing ‘policy differences’. https://www.nytimes.com/1982/02/11/world/un-rights-official-steps-down-citing-policy-differences.html.

4. OHCHR. (2005, December 15). Basic principles and guidelines on the right to a remedy and reparation for victims of gross violations of international human rights law and serious violations of international humanitarian law. United Nations. https://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-and-guidelines-right-remedy-and-reparation

5. Resolution A/RES/48/141, Office of the United Nations High Commissioner for Human Rights. (1993). https://www.ohchr.org/en/instruments-mechanisms/instruments/resolution-a-res-48-141.

6. Resolution A/Res/60/147, UN General Assembly. (2005), https://docs.un.org/en/a/res/60/147.

7. Right Livelihood. (2024, September 21). Theo van Boven. https://rightlivelihood.org/the-change-makers/find-a-laureate/theo-van-boven/.

8. The Wall Street Journal. (2023, August 30). Military dictatorships in Chile and Argentina. https://www.wsj.com/world/americas/chile-seeks-to-find-people-disappeared-during-military-dictatorship-98016c5a.

9. UN. (2015). The Van Boven Principles. https://www.youtube.com/watch?v=oG_HrWImumA.

Disclaimer

The opinions expressed herein belong solely to the columnist and do not represent the official position of our think-tank. Humanotions cannot be held liable for any consequences arising from this content. Content published on Humanotions may contain links to third-party sources. Humanotions is not responsible for the content of these external links. Please refer to our Legal Notices & Policies page for legal details and our Guidelines For Republishing page for republication terms.