The International Responsibility of International Organisations :Cooperation in Peacekeeping Operations

Publication subTitle :Cooperation in Peacekeeping Operations

Author: Moritz P. Moelle  

Publisher: Cambridge University Press‎

Publication year: 2017

E-ISBN: 9781108216036

P-ISBN(Paperback): 9781107124158

Subject: D813.4 Various organizations

Keyword: 法律

Language: ENG

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The International Responsibility of International Organisations

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.

Chapter

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

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