Complicity and the Law of International Organizations
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Complicity and the Law of International Organizations

Responsibility for Human Rights and Humanitarian Law Violations in UN Peace Operations

Magdalena Pacholska

This timely book examines the responsibility of international organizations for complicity in human rights and humanitarian law violations. It comprehensively addresses a lacuna in current scholarship through an analysis of the mandates and modus operandi of UN peace operations, offering workable normative solutions and striking a balance between the UN’s duty not to contribute to international law violations and its need to discharge mandated tasks in a highly volatile environment.
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Chapter 3: Legal regime of the responsibility of international organizations

Magdalena Pacholska

Abstract

Draft Articles on the Responsibility of International Organizations (ARIO) resemble Draft Articles on State Responsibility (ARS). The UN bears international responsibility for an internationally wrongful act if a conduct attributable to it constitutes a breach of an international obligation of the UN. The UN is bound by customary international human rights law and customary rules of international humanitarian law. The UN is responsible for actions and omissions of peacekeepers when it exercises effective control over their conduct or when it acknowledges and adopts their conduct as its own. The UN tends to accept responsibility for troops under its operational command to protect TCCs from liability, but as long as it does not waive its jurisdictional immunity or provide reparations to the victims of human rights abuses, such victims will sue TCCs in domestic courts. In the long run, that might discourage States from contributing troops to UN peace operations.

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