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 4: Responsibility for complicity in public international law

Magdalena Pacholska

Abstract

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.

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