The attribution of unlawful conduct of peacekeepers during the UN peace operations is one of the most debated and contested issues about the responsibility of international organizations. This attribution lays down in Article 7 of the Draft article on the responsibility of international organizations (DARIO) which "codified" the effective control test. This is the result of the legal status of the UN peacekeeping operations which are subsidiary organs of the Organization, as well as organs that sending States make available according to the rules set out in the Model Memorandum of Understanding (MoU). Therefore, the present work will underline the critical issues which emerged in the decisions of the European Court of Human Rights and of the Dutch courts in particular. This will demonstrate how the applications and interpretations of the control test are wavy and ambiguous and how the results achieved so far translate into a series of limitations inherent in the abstract of this criterion which alone does not seem to be able to resolve the different issues of attribution of conduct in the course of peace operations that emerge from practice.
IL TEST DEL CONTROLLO EFFETTIVO PER L’ATTRIBUZIONE DELLE CONDOTTE NELLE OPERAZIONI DI PACE DELL’ONU: QUALI RISULTATI?
Teresa Russo
2019-01-01
Abstract
The attribution of unlawful conduct of peacekeepers during the UN peace operations is one of the most debated and contested issues about the responsibility of international organizations. This attribution lays down in Article 7 of the Draft article on the responsibility of international organizations (DARIO) which "codified" the effective control test. This is the result of the legal status of the UN peacekeeping operations which are subsidiary organs of the Organization, as well as organs that sending States make available according to the rules set out in the Model Memorandum of Understanding (MoU). Therefore, the present work will underline the critical issues which emerged in the decisions of the European Court of Human Rights and of the Dutch courts in particular. This will demonstrate how the applications and interpretations of the control test are wavy and ambiguous and how the results achieved so far translate into a series of limitations inherent in the abstract of this criterion which alone does not seem to be able to resolve the different issues of attribution of conduct in the course of peace operations that emerge from practice.I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
