<abstract xmlns="http://www.w3.org/1999/xhtml"><p>If member States decide to circumvent their international legal obligations by acting through a military operation led by an international organisation, the institutional veil of which provides a shield against their responsibility for possible wrong-doings, an accountability gap can be identified. The contribution explores one of the possibilities for addressing this gap, the prohibition of circumvention, as enshrined in Art. 61 DARIO. The provision stipulates the possibility to hold the troop contributing States accountable. However, arguably the problems with international organization’s accountability gap cannot be solved in most cases by holding the States responsible over the actions of the MMO. Problematic appears such solution against the necessity to satisfy the thresholds of intent to circumvent and causing the organization to act in certain way, as required by the principle enshrined in the Article 61 DARIO.</p></abstract>

If member States decide to circumvent their international legal obligations by acting through a military operation led by an international organisation, the institutional veil of which provides a shield against their responsibility for possible wrong-doings, an accountability gap can be identified. The contribution explores one of the possibilities for addressing this gap, the prohibition of circumvention, as enshrined in Art. 61 DARIO. The provision stipulates the possibility to hold the troop contributing States accountable. However, arguably the problems with international organization’s accountability gap cannot be solved in most cases by holding the States responsible over the actions of the MMO. Problematic appears such solution against the necessity to satisfy the thresholds of intent to circumvent and causing the organization to act in certain way, as required by the principle enshrined in the Article 61 DARIO.

Circumventing Obligations Through Multinational Military Operations: Legal Consequences for Troop Contributing States

International and Comparative Law Review

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

If member States decide to circumvent their international legal obligations by acting through a military operation led by an international organisation, the...

Circumventing Obligations Through Multinational Military Operations: Legal Consequences for Troop Contributing States

Data publikacji: 07 paź 2019

Zakres stron: 172 - 189

DOI: https://doi.org/10.2478/iclr-2019-0006

Słowa kluczowe
Multinational military operations, accountability gap, prohibition of circumventing obligations, international organisations, responsibility, DARIO

© 2019 Tuomas Heikkinen et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Circumventing Obligations Through Multinational Military Operations: Legal Consequences for Troop Contributing States

Data publikacji: 07 paź 2019

Zakres stron: 172 - 189

DOI: https://doi.org/10.2478/iclr-2019-0006

Słowa kluczoweMultinational military operations, accountability gap, prohibition of circumventing obligations, international organisations, responsibility, DARIO

© 2019 Tuomas Heikkinen et al., published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Słowa kluczowe
Multinational military operations, accountability gap, prohibition of circumventing obligations, international organisations, responsibility, DARIO