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International Organisations – General Issues, Part 2

International Organisations – General Issues, Part 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 …

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International Organisations – General Issues, Part 2

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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. Attribution • ILC Arts. on the Responsibility of International Organizations, as finally adopted (2011) • Organ or agent in the performance of functions (Art. 6) • Ultra vires conduct does not relieve organisation of responsibility (Art. 8) • Organ or agent placed at the disposal of organisation if effective control (Art. 7) • Conduct acknowledges or adopted by organisation as its own (Art. 9)

  4. 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)

  5. 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

  6. 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

  7. 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)

  8. Examples #1 and #2 • 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?

  9. Example #3 • Memberof CAT (of Swedish nationality) conducts on-site investigations in Iran • Blasphemousspeech (criminalliability) • Iraniancourtexercisesjurisdiction • International responsibility? • Iran is a party to the 1946 UN Convention

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