Responsibility for Human Rights and Humanitarian Law Violations in UN Peace Operations
Chapter 4: Responsibility for complicity in public international law
ARS and ARIO contain two rules regulating responsibility for providing support to other States/international organizations (IOs). The first concerns aid or assistance in the commission of an internationally wrongful act. Under the second, no State or IO shall render aid or assistance in maintaining a situation created by a serious breach of a peremptory norm. Conditions regulating the provision of support in the commission of serious breaches of the jus cogens obligations remain unclear. Review of CA 1 to Geneva Conventions, Arms Trade Treaty (ATT), UN Charter, Article 2(5) and examination of State/IOs practice and opinio juris concerning provision of support to States involved in conflicts in Yemen, Ukraine, Syria, Myanmar, DRC and the Sahel region (G5 Sahel Joint Force) show that a new customary rule has crystallized. The aggravated complicity rule, premised on constructive knowledge, prohibits any support which substantially facilitates the commission of genocide, crimes against humanity and war crimes.
You are not authenticated to view the full text of this chapter or article.
Elgaronline requires a subscription or purchase to access the full text of books or journals. Please login through your library system or with your personal username and password on the homepage.
Non-subscribers can freely search the site, view abstracts/ extracts and download selected front matter and introductory chapters for personal use.
Your library may not have purchased all subject areas. If you are authenticated and think you should have access to this title, please contact your librarian.