The International Responsibility of International Organisations: Cooperation in Peacekeeping Operations

Description

The International Responsibility of International Organisations addresses the joint responsibility of organisations for violations of international law committed during the deployment of peacekeeping operations. More specifically, it inquires if and under which circumstances - in terms of the notion of control - international organisations can be jointly responsible. The author analyses the practice of international organisations (the United Nations, NATO, the European Union, the African Union and the Economic Community of West African States) on an inter-institutional level, as well as in the field in the form of five case studies. The likelihood and distribution of responsibility between international organisations engaged in peacekeeping operations is affected by the different layers of applicable primary norms (Security Council mandates, internal law of the organisations, international humanitarian and human rights law). Although external pressure may contribute to enhancing the effectiveness of holding international organisations jointly responsible, any substantial measures and mechanisms can only be implemented with the participation of states and international organisations. Cover Half-title Title page Copyright information Table of contents Preface List of abbreviations Introduction Codification Projects on the Responsibility of International Organisations and the Changing System of International Law The Proliferation of International Organisations and the Multiplication of Tasks (in Peacekeeping Operations) An Increasing Network of Cooperation Research and Methodology Objectives and Scope of the Book Structure of the Book 1 Cooperation in Peacekeeping and Peace Enforcement Activities under the UN Charter Cooperation under the UN Charter: Between Universalism and Regionalism The Creation of the UN: Regionalism vs Universalism The End of the Cold War and the Rebirth of the SC: What Role for Regional Organisations? The Legal Framework of Peacekeeping and Peace Enforcement Operations: Chapters VI and VII of the UN Charter The Evolution and Definition of Peacekeeping: Peacekeeping vs Peace Enforcement Peacekeeping Post–Cold War: The Ambiguous Practice of the SC: Blurring the Lines between Peacekeeping... Lessons Learned from Bosnia and Somalia: The Restoration of Traditional UN Peacekeeping An Emerging Division of Labour between International Organisations in Peacekeeping Operations The New ‘Old’ Chapter VIII of the UN Charter – Or the Merger of Chapters VII and VIII? The Relevance of Practice for the Interpretation of the Charter and a Definition of ‘Regional Arrangements and Agencies’ The Unrelenting Influence of Chapter VII over Chapter VIII Defining the Elements in Article 52 of the UN Charter The Relationship between the UN and Regional Organisations under Articles 52 and 53 The Interpretation of ‘Enforcement Action’ in Article 53 A Different Interpretation of ‘Enforcement Action’ for Article 53(1) Second Sentence: The Practice of Sanctions... Peacekeeping Operations of Regional Organisations and the Application of Article 53 of the UN Charter Towards a Merger of Chapter VII and Chapter VIII in the Practice of the SC Conclusions 2 The (Emerging) System of Collective Security Consisting of the UN and Regional Organisations Relations between the UN and Regional Organisations and among Different Regional Organisations NATO: A Euro-Atlantic Pillar for Peacekeeping or a Security Actor with a Broader Agenda? The Foundation of NATO NATO and Its Formal Submission under Chapter VIII of the UN Charter NATO: Rising Like a Phoenix Post the Cold War? A New Strategic Alignment Assuming New Tasks of Security Proliferation and Projection: In Accordance with the NAT? NATO, Peacekeeping and Its Relations with Other Organisations Beginnings/History: NATO and the UN Between Autonomy and Approximation, NATO and Its Relations with the UN NATO and the AU Conclusions The EU: An Emerging Strong Actor Within the System of Collective Security? The Foundation of the EU and Its Normative and Political Framework Interpreting the Legal Framework of the EU in the Area of the CFSP/CSDP The Relevant Organs and the Implementation of the CFSP The EU’s Security Policy: A Global Actor or Rather a Great Dream? The EU and the UN: Submission, Self-reliance and an Emerging Division of Labour The EU and Peacekeeping A Limited Military Engagement on the African Continent – Or an Emerging Division of Labour? The EU and NATO; NATO and the EU: Complementarity, Competition and Compromises The EU and the AU: An Effective Partnership A Slow Shift Towards an Equal Standing in EU–AU Relations Conclusions ECOWAS and Peacekeeping: The Role Model for Other Sub-regional Organisations on the Continent The Normative Framework ECOWAS, Peacekeeping and Its Relations with the UN A New Era of Relations between ECOWAS and the UN ECOWAS and the EU Conclusions AU Peacekeeping Activities The AU’s Normative Framework for the Maintenance of International Peace and Security Article 4 of the Constitutive Act of the UN and the UN Charter The AU and the UN The Early Steps: Defining Their Roles in the Relationship The World Summit as the Catalyser for More Institutionalised Relations Aid for Self-Help by the UN Support Packages for AU Peace Operations and the Possibility of Control by the SC Further Institutionalisation of AU–UN Relations: Moulding the Relations Towards a Division of Labour... The AU and ECOWAS The Normative Framework of the APSA Regulating the Relations between the AU and the Sub-regional Organisations Weak Institutional Links, ECOWAS as the Stronger Actor? Conclusions 3 From the Broader Legal Framework to International Responsibility The Law of Responsibility of International Organisations and the Practice of the UN The ILC Articles on Responsibility of International Organisations Article 7 of the Articles on the International Responsibility of International Organizations Aid and Assistance – Compatible with Cooperation in Peacekeeping Operations? Article 15: Direction and Control Assessing the ARIO The Quest for a New Criterion of Attribution The Need for a Special Rule on Attribution for Peacekeeping Operations and Discussions to this Effect Defining the New Rule of Attribution Drawing Inspiration from Other International Legal Rules: (International) Criminal Law A New Notion of Control: Normative Control Distinguishing the New Criterion of Attribution from Cases of Other Forms of Responsibility (e.g., Aid and Assistance) Application of the New Criterion of ‘Normative Control’ in Practice: Problems and Obstacles Outlook for the Case Studies 4 The Case Studies The Attribution of Conduct and the Difficulty to Classify Intra-mission Cooperation Attribution of Conduct of KFOR The Attribution of Conduct of Acts and Omissions of KFOR under the Law of International Responsibility... The Application of the Law of International Responsibility Attribution of Conduct of KFOR – The Institutional and Normative Framework Assessment of the Cooperation Arrangements and Implications for the Attribution of Conduct Attribution of Conduct of UNAMID Attribution of Conduct Establishment of UNAMID Mandate of UNAMID The Political Process to Resolve the Conflict in Darfur and Political Oversight of UNAMID Strategic Control The Chain of Command and Operational Control Assessment of the Control Arrangements Attribution of Conduct of UNISFA and UNMISS UNISFA Mandate Political Control/Chain of Command Inter-mission Cooperation UNMISS Mandate The Political Level and the Political Process Inter-mission Cooperation Assessment Attribution of Conduct of AFISMA and MINUSMA AFISMA Establishment and Elaboration of the Mandate Mandate Political and Strategic Control of AFISMA Operational Control Chain of Command Operational/Financial Support Coordination and Cooperation between the International Organisations Regarding the Political Process Assessment MINUSMA (Elaboration of the) Mandate Appointment of the Force Commander Political Control Strategic and Operational Level Cooperation with the EU/EUTM Mali Assessment Attribution of Conduct for MISCA and MINUSCA MISCA Mandate Political Process and Control UN-Assessed Contributions EU Support Missions and Financial Support Assessment MINUSCA Mandate Political Process and Political Control Strategic Control Assessment The Attempt of a Typology of Intra-mission Relationships, Its Implications on International... Chapter VIII Revisited – Regional Organisations as Being Bound by the System of Collective Security Assessment 5 The Law Applying in Peacekeeping Operations The Applicable International Law to Peacekeeping Operations of International Organisations Application of International Human Rights Law to International Organisations International Organisations as Bound by the Human Rights Obligations of Their Members The Specific Case of Accession to Human Rights Treaties Human Rights Obligations of International Organisations as Part of General International Law Human Rights Obligations of International Organisations on the Basis of Customary International Law Human Rights Obligations of International Organisations on the Basis of General Principles of Law The ‘Territorial Problem’ of Human Rights Application and Their Extraterritorial Application Extraterritorial Jurisdiction under Human Rights Law The Tailored Application of Human Rights Law to Peacekeeping Forces – From Bankovic to Al-Skeini Derogations under Human Rights Law as Another Method to Divide and Tailor the Application of Human Rights Law Application of IHL Application Ratione Personae of IHL to Activities of International Organisations Application Ratione Materiae of IHL The Relationship between Human Rights and IHL Breach of an International Obligation in the Form of a Mandate of a Peacekeeping Operation Breach of an International Obligation in the Form of the Obligations Arising under the Internal Law of the Organisations African Union United Nations European Union Conclusions 6 Conclusions and Recommendations Select Bibliography Books, Articles and Other Literature Cases International Court of Justice European Court of Human Rights European Court of Justice International Criminal Court International Criminal Tribunal for the Former Yugoslavia International Criminal Tribunal for Rwanda Human Rights Committee Domestic Courts Belgium United Kingdom The Netherlands Documents of International Organisations United Nations International Law Commission Security Council Secretary-General General Assembly European Union African Union North Atlantic Treaty Organization Economic Community of West African States Documents of Other International Bodies Institut de droit international International Law Association International Committee of the Red Cross Index