This chapter considers the development of secondary rules of international law to cover the wrongful acts and omissions of inter-governmental organisations. It analyses the Articles on Responsibility of International Organisations (ARIO) developed by the International Law Commission. The chapter focuses on the weaknesses of the ARIO in distinguishing the responsibility of the UN from that of member states, something that has caused difficulties in judicial interpretation of the ARIO in the case of UN-mandated operation. It examines the issues of attribution in firstly the Behrami case before the European Court of Human Rights and secondly various cases before Dutch courts following the failure of the Dutch battalion of the United Nations Protection Force to protect civilians in Srebrenica in 1995.
responsible when it commits an internationally wrongful act in breach of those obligations. The complexity arises in determining when an IGO has itself breached international law as opposed to states or other actors who may claim to be acting on behalf of the organisation. This chapter considers the development of secondary rules of international law to cover the wrongful acts and omissions of IGOs. It analyses the Articles on Responsibility of International Organisations (ARIO) developed by the InternationalLawCommission (ILC). The chapter focuses in particular on the
1994) 104, 98–109.
87 For a summary of the work of the ILC in this area see J.G. Lammers, ‘Immunity of International Organizations: The Work of the InternationalLawCommission’ (2014) 10 ILOR 276.
88 Sands and Klein n. 67 at 494–504.
89 Crawford n. 50 at 177.
90 Ibid. 178–9.
the International Legal Order (Routledge 2011) 178.
24 E. Zoller, Peacetime Unilateral Remedies: An Analysis of Countermeasures (Transnational 1984) 104–5.
25 Articles 41 and 54 ARS (2001). See J. Crawford, The InternationalLawCommission’s Articles on State Responsibility (Cambridge University Press 2002) 302.
26 Article 53 UN Charter. See C. Dominicé, ‘Co-ordination between Universal and Regional Organizations’ in N.M. Blokker and H.G. Schermers (eds), Proliferation of International Organizations: Legal Issues (Kluwer 2001) 82; U. Villiani