Naslov
"Effective Control" as a Standard of Attribution of Conduct in the UN Peacekeeping Operations

Autori
Perišić, Petra

Vrsta, podvrsta i kategorija rada
Sažeci sa skupova, sažetak, ostalo

Izvornik
Legal Tradition and New Legal Challenges / - , 2020, 93-94

Skup
International scientific conference: Legal Tradition and New Legal Challenges

Mjesto i datum
Novi Sad, Srbija, 01.10.2020. - 02.10.2020

Vrsta sudjelovanja
Predavanje

Vrsta recenzije
Podatak o recenziji nije dostupan

Ključne riječi
international responsibility, international peacekeeping, international organizations, United Nations

Sažetak
In recent decades there has been a growth of number of peacekeeping operations in the world, which consequently led to an increased number of allegations of peacekeepers being involved in various forms of unlawful conduct. The issue of attribution of conduct within the peacekeeping operations, primarily those of the UN, thus arose. The analysis of the issue of attribution is based on Draft Articles on Responsibility of International Organizations of 2011 (DARIO). The central question that needs to be dealt with is whether unlawful acts committed by peacekeepers should be attributed to the organization under which they operate ; or to the troop-contributing state ; or to both of them jointly. In case of full secondment of peacekeepers to the organization, they acquire the status of subsidiary organs of that organization and, in accordance with Article 6 DARIO, their conduct is automatically attributed to the UN. However, full secondment of national contingents to the organization is in practice very rare. There is usually a division of powers between a state and an organization, whereby an organization establishes operational control over the troops, while the troop-contributing states retain disciplinary and criminal jurisdiction over them. In certain cases, states even undertake operational control over some acts. With regard to all this, the appropriate standard of attribution is provided by Article 7 DARIO. Article 7 provides that the conduct of an organ of a State that is placed at the disposal of an international organization shall be considered under international law an act of the organization if the organization exercises effective control over that conduct. Although the effective control test is an established standard of attribution in international law, its application in the context of peacekeeping operations lacks clarity. This is evident both in the scholarly writings, as well as in the judicial practice. Practically in all the recent decisions involving the attribution of conduct of peacekeepers, the effective control test was employed, yet different courts based their decisions on completely different arguments. This clearly demonstrates that the meaning of the effective control in the context of peacekeeping operations is still very much ambiguous.

Izvorni jezik
Engleski

Znanstvena područja
Pravo

POVEZANOST RADA