International Organizations' Responsibility For Their Actions And Its Ramifications: The United Nations And The Russian-Ukrainian War
Abstract
International organizations play significant roles in various aspects of international affairs, including economics, politics, social issues, the environment, and commerce. This has led states and international law scholars to recognize international organizations as legal entities capable of independent activity separate from member states. Consequently, it is important to examine the international responsibility of international organizations for their actions. This study is divided into two sections. The first section discusses the nature of international organizations' responsibility, stating that their actions must be illegal and in violation of their international obligations. These actions must be attributable to the international organization through the involvement of its representatives or organs, resulting in harm to other subjects of international law. The section also presents cases where the responsibility of international organizations is not applicable due to impediments similar to those affecting states' international responsibilities. Therefore, recognizing the legal personality of an international organization allows it to have rights and responsibilities. As a result, the organization can be held accountable for illegal actions committed by its employees or organs.
Keywords
Full Text:
PDFReferences
Abu Al-Wafa, Ahmed. International Organizations and the Law of International responsibility. The Egyptian Journal of International Law. Egyptian Society of International Law. Cairo: Vol. 51-1995.
Abu Al-Walafa, Ahmed. The mediator in public international law. Dar Al-Nahda Al-Arabiya. Cairo: 2016.
Al-Anani, Ibrahim. International Organizations. Dar Al-Nahda Al-Arabiya. Cairo: 1998.
Al-Dakkak, Muhammad Saeed. Public International Law, Part I, Ministry of Foreign Affairs and International Cooperation. United Arab Emirates: 2017.
Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation). https://www.icj-cij.org/public/files/case-related/182/182-20220316-PRE-01-00-EN.pdf
Allegations of Genocide under the Convention on the Prevention and Punishment of the Crime of Genocide (Ukraine v. Russian Federation). https://www.icj-cij.org/public/files/case-related/182/182-20220316-PRE-01-00-EN.pdf
Al-Muhairat, Falak Hashem Abdul Jalil. The International responsibility of International Organizations in Public International Law - Master's Thesis - Middle East University - College of Law - Department of Public Law - August 2016.
Al-Otour, Mahmoud Burhan. The International Responsibility of International Organizations for the Internationally Wrongful Act – An Analytical Study in the Texts of the Draft Articles of the International Law Committee. Sharia and Law Journal. 34th year – issue 84– October 2020.
Al-Taie, Ammar Saeed. The International Responsibility of International Organizations. College of Law, University of Sharjah for Legal Sciences, United Arab Emirates, Research published in the University of Sharjah Journal of Legal Sciences - Volume 17, Issue 1 - 2019.
Amer, Salah El-Din. An Introduction to the Study of Public International Law. 2002 - Dar Al-Nahda Al-Arabiya.
Arafat, Osama. Public International Law. Dar Al Ejadah: 2017.
Attia, Abul-Khair Ahmed. International Organization Law. Dubai Police Academy. College of Law and Police Sciences: 2007.
Bouzid, Eddin Jilali and Al-Hamwi, Majid. The Mediator in Public International Law. Dar Al-Shawaf. Riyadh, Saudi Arabia: 1424 AH.
David Runciman Can Institutions Have Responsibilities, (Palgrave Macmillan. Ltd, 2015.
Desouky, Islam Desouky. International Responsibility for Damages Resulting from Actions Not Prohibited by International Law - Objective International Responsibility. PhD dissertation. Faculty of Law, Menoufia University: 2013.
Food and Agriculture Organization of the United Nations https://www.fao.org/home/ar/
Fourth: International charters and electronic documents:
International Court of Justice: https://www.icj-cij.org/ar
International Labor Organization https://www.ilo.org/global/lang--en/index.htm
Mirka Möldner: “Responsibility of International Organization-Introducing of the ILC DARIO,” yearbook of United Nations Law, Vol. 16, 2012.
Pierre-Marie Dupuy, Yann Kerbrat : Droit international public : Dalloz - Précis - 15e edition - 2020.
Political Affairs Chief Demands Responsibility, Investigation in Ukraine, Telling Security Council Civilian Casualties Cannot Be Denied.17 March, 2022 https://www.un.org/press/en/2022/sc14834.doc.htm
Ramadan, Mohamed. The International Responsibility of International Organizations concerning Violations of Human Rights. The Egyptian Journal of International Law. Egyptian Association of International Law - Cairo – Vol. 72 - 2016.
Report of the International Law Commission of its sixty-third session for the year 2012, draft texts of articles on the international responsibility of international organizations, document A/66/10.
S.Oda: Provisional Measures- The practice of the International court of Justice-In: V.lowe and M. Fitzmaurice, Fifty years of the I.C.J. Grotins Publications, Cambridge, 1996.
Sharif, Karim Taha Taher. Recognizing the legal personality of international organizations and its effects. Journal of the College of Law for Legal and Political Sciences – Vol. (10) - Issue (39)- 2021 - p. 88.
Sultan, Hamed. Public International Law in Peacetime. 4th edition. Arab Renaissance House – Egypt: 1972.
Third: Annals of the International Law Commission:
United Nations https://www.un.org/ar/about-us/un-charter
World Trade Organization https://www.wto.org/
www.un.org/arabic/docs/SCouncil/SC_Res/S_RES_660.pdf
Yearbook of the International Law Commission 2000 - Volume Two - Part Two - A/CN.4/SER.A/2002/Add.1 (Part 2)
Yearbook of the International Law Commission 2001 for its fifty-third session A/CN.4/SER.A/2001/Add.1 (Part 2)
Youssef, Mohamed Safi. Public International Law. Part I. Dar Al-Kitab Al-Jami: 2018.
Refbacks
- There are currently no refbacks.
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivatives 4.0 International License.
ISSN 1305-578X (Online)
Copyright © 2005-2022 by Journal of Language and Linguistic Studies