The responsibility of international organizations (IOs) has become an increasingly important topic in the last few decades as organizations such as the United Nations, NATO, the World Bank, and the European Union take on wider roles in peacekeeping, humanitarian aid, development, and even military interventions. Historically, international law focused primarily on states, but as IOs expanded their influence, questions arose about who should be held accountable when harm results from their actions. For instance, controversies have appeared over UN peacekeepers accused of spreading disease in Haiti, NATO’s role in military operations that caused civilian casualties, and decisions by international financial institutions that affected economies in developing countries.
The Legal Committee is tasked with addressing and clarifying issues that arise relating to international law. This committee serves as the primary forum for member states to debate and discuss the legal responsibilities of states and IOs under international treaties and customary law. While the International Court of Justice provides the judicial opinions, it is in this committee that the stage is set for how international law develops through important negotiations, conventions and many legal frameworks.
The key issue at hand is deciding the scope of responsibility for IOs when their actions or decisions result in harm or destruction. Major players within this topic include the United Nations, regional organizations such as the African Union and European Union, and specialized agencies such as the World Health Organization. Delegates should carefully consider whether responsibility lies with the organization, with member states that direct its actions, or with individuals doing their duties. Questions also surround the resources and other mechanisms that are available to victims seeking redress and how accountability can be enforced without undermining the independence and effectiveness of these organizations.
As the Legal Committee, delegates must consider the boundaries of international law and the practicality of enforcement of the law. Should IOs be treated in the same way as states when it comes to liability, or do their unique structures require different standards and expectations from the international community? How can responsibility be balanced so that organizations are held accountable but not deterred from carrying out essential functions such as peacekeeping or aid delivery? The committee will not be creating binding international law but will discuss principles that could shape future conventions or resolutions on this topic.
Focus Questions:
- To what extent should international organizations be held legally responsible for actions that cause harm or destruction?
- How can accountability be enforced without imposing on the effectiveness or independence of international organizations?
- Should responsibility fall primarily on the organization itself, on its member states, or on individuals acting under its authority?
Useful Links:
International Law Commission Draft Articles on the Responsibility of International Organizations (2011): https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_11_2011.pdf
UN Sixth Committee (Legal Committee) Overview: https://www.un.org/en/ga/sixth/
International Court of Justice – Advisory Opinions: https://www.icj-cij.org/en/advisory-proceedings
