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CRITICAL ANALYSIS OF THE LEGAL RESPONSIBILITY AND ACCOUNTABILITY OF INTERNATIONAL ORGANIZATIONS

Written by:
Prachi Sethi
Published on
12-Jul-21

International organisations, often known as intergovernmental organisations, are treaty-based organisations involving more than two states. They are established to achieve some of the sovereign governments' common objectives. There are a variety of IO that deal with different topics or areas of the world. Such as the United Nations, NATO, the European Union, and the World Health Organization, among others. The establishment of dispute resolution processes inside these organisations also aids in the settlement of disputes between member nations that might occur for a variety of reasons, including international crimes, commercial disputes, and so on.

A GLOBALLY UNLAWFUL CONDUCT GENERALLY INVOLVES THE LEGAL RESPONSIBILITY OF AN INTERNATIONAL ORGANIZATION:

  • Violation of an international obligation—There are obvious legal repercussions for violation of an international commitment. First of all, these legal penalties do not alter the international organization's ongoing duty to fulfil the violated duty. The cessation and repeat of the incorrect behaviour is therefore another essential consequence. The violation of such responsibilities will rely on the scenario as the basis for international responsibility. In the Reparation case, the court stated that the commitments agreed into by member states to allow UN agents to execute their responsibilities were obligations due to the organisation. Thus, in the event of a breach of such duties, the organisation has the power to demand sufficient restitution, and in assessing this reparation, it is permitted to incorporate the harm experienced by the victim or individuals entitled via it.
  • Attribution of behaviour to international organisation – States should take responsibility for their actions of international injustice, provided that there are no circumstances that prevent injustice. However, the issue becomes more difficult when it comes to attributing behaviour to multinational organisations. The action of a State organ or an international organisation agency which places it at the disposal of another international organisation, if it exerts effective control over this conduct, shall be regarded, under international law, as an act of a latter organisation.
  • Determination by a court of law.
  • Full injury reparation - The international organisation responsible shall be required to make the whole injury reparation. As a State can be held liable for an organisation's harm, so the organisation, when the injury comes from an infringement of an international obligation under a treaty provision or principle of international customary law can be held liable for an injury in a State. There has been a question of responsibility, especially in the context of UN peacekeeping missions and responsibility for the acts of such forces' personnel. The UN has taken on responsibility in certain instances and provided compensation for misdemeanour. The important point is if the wrong activities concerned are attributable to the United Nations, and not if the offenders are within the national jurisdiction, but not under UN jurisdiction.

THE ACCOUNTABILITY OF INTERNATIONAL ORGANIZATIONS IS AS FOLLOWS:

  • Firstly its responsibility to justify behaviour on time,
  • Secondary conduct shall be tested against pre-published norms and conduct shall be tested,
  • Thirdly, a credible conformity method must be monitored,
  •  Fourthly it is to accept the penalties if behaviour is in breach of rules.