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 7: General conclusions

Magdalena Pacholska

Abstract

Under public international law, aid or assistance in the commission of genocide, crimes against humanity and war crimes of jus cogens status is prohibited if such support would clearly and directly further the perpetration of atrocities and the assistance provider should have been aware of that. Proper implementation of the UN HRDDP will prevent UN responsibility for complicity. Immunity from suit and the absence of proper judicial mechanisms of enforcing international responsibility of IOs does not mean that the UN is unaccountable. Legitimacy of the organization and the future of UN peace operations depend on the UN’s reputation for complying with international law. Contemporary stabilization operations and other forms of strong allegiance with State parties to armed conflicts, such as MINUSMA operational and logistical support to the G5 Sahel Joint Force, carry a very high risk of the UN being exposed to allegations of complicity in international human rights law (IHRL) and international humanitarian law (IHL) violations.

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