Topic: 2025 – Responsibility of International Organizations
Country: Portugal
Delegate Name: Ishitha Turlapati
Portugal recognizes that international organizations (IOs) play a growing and indispensable role in global governance, peacekeeping, humanitarian assistance, economic development, and multilateral cooperation. IOs, such as the United Nations, European Union, NATO, and the World Bank, don’t just set the agenda anymore; they’re on the ground, making decisions that have impact. With this expanded influence, legal accountability cannot be an afterthought. Portugal supports a framework for responsibility that follows international law, protects those who suffer harm, and keeps global institutions.
The International Law Commission’s Draft Articles on the Responsibility of International Organizations (2011) provide the most comprehensive legal guidance on this topic, affirming that organizations bear international responsibility when their conduct causes injury, whether through wrongful acts, omissions, or ultra vires actions.
Still, the question of who should answer for what isn’t always simple. Sometimes it’s unclear whether the organization itself is at fault, or if responsibility lies with the member states calling the shots, or even with individuals acting under the organization’s authority. Real-world cases, like the UN’s involvement in the Haiti cholera outbreak or civilian casualties during NATO missions, show just how easy it is for accountability to slip through the cracks. The Draft Articles try to close these gaps: if an organization causes harm, and that harm breaches its international obligations, it’s responsible. But if a member state is giving strict orders or has clear control over what happens, then the state shares the blame. Portugal supports this approach.
Portugal acknowledges that challenges arise when determining whether responsibility should lie with the IO itself, the member states directing its actions, or individuals acting under its authority. Past controversies, including the UN’s role in the Haiti cholera outbreak and civilian harm resulting from NATO operations, demonstrate gaps in accountability mechanisms. The Draft Articles clarify that an organization bears responsibility when the wrongful act is attributable to it and constitutes a breach of an international obligation, while member states may bear responsibility if they give binding instructions or exercise effective control over the conduct in question. Portugal agrees with this dual-responsibility framework, as it balances fairness with the reality of how IOs operate. The UN Sixth Committee, as the primary platform for legal debate in the General Assembly, plays a critical role in shaping how these principles evolve into future conventions or norms.
Portugal strongly supports strengthening accountability while preserving the independence and operational capacity of IOs. Excessive legal burdens could discourage organizations from engaging in peacekeeping and aid missions, especially in high-risk environments, yet complete immunity undermines both justice and trust. Portugal, therefore, favors mechanisms that provide victims with accessible pathways for redress without undermining organizational effectiveness. This includes establishing or enhancing claims commissions, ombudsman systems, internal review boards, transparent reporting, and cooperation with judicial bodies. Portugal also underscores the importance of guidance from the International Court of Justice (ICJ); its advisory opinions offer essential clarification on attribution, immunity, and the scope of obligations binding IOs under international law. Such judicial insights help refine the balance between legal responsibility and institutional autonomy.
Ultimately, Portugal believes that IOs should be held accountable for internationally wrongful acts to the extent that their conduct directly causes harm, in accordance with the Draft Articles. However, this accountability must reflect the unique nature of IOs, whose mandates depend on multilateral cooperation and delegated authority. Portugal supports a system where responsibility is shared appropriately: IOs bear responsibility for their own actions, member states bear responsibility when exercising effective control, and individuals may be held personally liable when acting in bad faith or committing violations of international criminal law. Portugal remains committed to constructive dialogue within the Sixth Committee to strengthen international legal frameworks that ensure responsibility, protect victims, and preserve the capacity of international organizations to fulfil their essential global functions.
Sources
https://legal.un.org/ilc/texts/instruments/english/draft_articles/9_11_2011.pdf
https://legal.un.org/ilc/texts/9_11.shtml
https://legal.un.org/ilc/texts/instruments/english/commentaries/9_11_2011.pdf
