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International Organizations Responsibility in Law

Explore the complex topic of responsibility for international organizations under domestic and international law, including concurrent responsibilities of states and organizations. Learn about privileges, immunities, and examples illustrating legal scenarios.

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International Organizations Responsibility in Law

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  1. International Organisations – General Issues, Part 2

  2. Responsibility • Responsibility for the organisation as such • Under domestic law • Under international law • International responsibility entails … • An action or omission, which is attributable to an organisation; and … • which for the organisation constitutes a breach of an international obligation

  3. Concurrent responsibility • ILC Arts. on the Responsibility of International Organizations, as finally adopted (2011) • The responsibility of a state for acts of an organization • State aids or assists (Art. 58) • State directs and controls (Art. 59) • State coerces (Art. 60) • State circumvents obligation (Art. 61) • The responsibility of the organisation for acts of a state • Organization aids or assists (Art. 14) • Organization directs and control (Art. 15) • Organization coerces (Art. 16) • Organization decides or authorizes (Art. 17)

  4. Examples • Search and rescue operation conducted by Frontex • MONUC provides support to governmental troops in Virunga national park (DRC) • Sanctions regime implemented by UN member states pursuant to UNSC res. 1373

  5. Privileges and immunities • According to international law • Founding treaty • Other multilateral treaties, such as the UN Conventions of 1946 and 1947 • Bilateral agreements between organisation and state • Customary international law? • According to domestic law

  6. Convention on Privileges and Immunities of the UN (1946) • The following categories enjoy immunity: • The organisation as such (Art. II) • Representatives of members (Art. IV) • UN officials (Art. V) • ”Experts on mission” (Art. VI)

  7. Examples #1 • Swedish peace-keeper in Haiti • Reckless driving (criminal and civil liability) • Haiti court exercises jurisdiction • International responsibility? • Acts of torture (criminal liability) • Haiti court exercises jurisdiction • International responsibility?

  8. Examples #2 • Member of CAT (of Swedish nationality) conducts on-site investigations in Iran • Blasphemous speech (criminal liability) • Iranian court exercises jurisdiction • International responsibility? • Iran is a party to the 1946 UN Convention

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