Topic: 2025 – Responsibility of International Organizations
Country: Ireland
Delegate Name: Josh Machnacki
The Republic of Ireland views the responsibility of International Organizations (IOs) as a central component of international law. IOs shape global policy in varying areas, from peacekeeping to economic development. The major role of such organizations means that the task of clarifying the legal questions of who is responsible when IOs cause harm, and to what extent they should be liable, is all the more urgent. The Legal Committee must ensure IOs are held responsible for harm consistent with international law without paralyzing organizations ability to function.
Ireland has long supported the International Law Commission’s (ILC) Draft Articles on the Responsibility of International Organizations. These articles affirm that IOs bear international responsibility for internationally wrongful acts, and are obligated to make full reparations. Simultaneously, Ireland stands against states using IOs to hide behind liability and skirt treaty obligations. Both IOs and member states bear responsibility in some circumstances. Rules in this area should keep in mind that states should not lightly escape liability behind the shield of an organization, but neither should they be excessively punished for the independent actions of the IO. If Irish soldiers under UN command commit misconduct, Ireland accepts the duty of individual responsibility to discipline/prosecute, and also expects the UN to answer for institutional failures. A balance must be struck between UN and state responsibility so neither have impunity and both can be respectively held accountable. Ireland strongly supports holding individuals accountable for harmful acts carried out under the banner of an IO. The Legal Committee separately deals with this vein in criminal accountability of UN officials. Troop Contributing Countries (TCCs)/home states must have legal frameworks in place to prosecute foreign nationals for crimes.
An effective accountability system has multiple layers. IOs must provide remedies and political accountability. Member states must exercise oversight and be prevented from skirting responsibility. Individuals must be held criminally responsible. All three layers together collectively ensure IOs are responsible for harmful acts. To achieve such ends, Ireland supports the development and expansion of claims commissions by IOs to review allegations of harm and recommend appropriate compensation, the publishing by IOs of investigative findings and measures taken to address harm caused, and the collection of funds by members of organizations to ensure reparations can be given. Organizations cannot be allowed to run rampant throughout the globe and hide from responsibility if they cause harm.
Sources:
Statement by Ireland on the Responsibility of International Organizations (Sixth Committee, 62nd Session). United Nations General Assembly, 2007.
International Law Commission. Draft Articles on the Responsibility of International Organizations, with Commentaries. United Nations, 2011.
“Secretary-General Apologizes for UN Role in Haiti Cholera Outbreak.” United Nations Press Release, 1 Dec. 2016.
United Nations General Assembly. Resolution 66/100: Responsibility of International Organizations. 9 Dec. 2011.
