THE ATTRIBUTION OF WRONGFUL ACTS TO MEMBER STATES AND/OR INTERNATIONAL ORGANIZATIONS IN PEACEKEEPING OPERATIONS

The present work deals with the attribution of wrongful acts of national military troops in peace operations, which is currently one of the most debated and disputed issues in relation to the responsibility of international organizations. The attribution of the conduct of peacekeepers to troop-contributing States or organizations has almost become a paradigm, and as such, does not guarantee the effective protection of human rights often violated during operations. We here focus on UN operations and the scholarly and judicial discussions concerning the application of the control test for the attribution of conduct as the most prominent practice in this matter. The analysis highlights that alternative means of protection established by the UN as well as a different interpretation of the criterion of effective control (Article 7 DARIO) are necessary. In this sense, the agreements concluded between the UN and sending-States could be relevant. Although they do not affect the attribution of conduct under general international law, they would in some way override it by establishing an inter partes relationship that constitutes liability based on the principles of equity (ubi commode ibi incommoda) and solidarity, that is to say, a regime of “common responsibility” objectively linked to the commission of a wrongful act.