Responsibility in Peace Support Operations: Revisiting the Proper Test for Attribution Conduct and the Meaning of the ‘Effective Control’ Standard

Bibliography File Note.

Type
Journal Article

Author
Ömer Faruk Direk

URL
http://ift.tt/29YJVUM

Volume
61

Issue
01

Pages
1–22

Publication
Netherlands International Law Review

ISSN
1741-6191

Date
May 2014

DOI
10.1017/S0165070X14001016

Accessed
2016-07-25 07:12:06

Library Catalog
Cambridge Journals Online

Abstract
This article examines attribution of conduct and responsibility in peace support operations, which is, and will continue to be, a troubling subject of international law. It particularly examines two specific questions: what is the proper test for attribution of conduct, and whether and, if so, how dual attribution of conduct and responsibility can be established in international joint operations? As regards the former question, a brief critique of the major case law and documents recently dealing with attribution of conduct and responsibility in peace support operations shows that Behrami and Saramati poses a serious obstacle to determining the most suitable test without any confusion, thus there is a strong need to radically depart from this decision of the European Court of Human Rights. With respect to the latter, the meaning of the ‘effective control’ criterion, which is to be the basis for dual attribution in joint military missions, ought to be clarified. In this respect, the Mustafić and Nuhanović judgments delivered by The Hague Appeal Court and the Supreme Court of the Netherlands, to which the article pays special attention, are exemplary – to the extent that the latter did not conflate the notion of dual attribution of conduct with that of (dual or) multiple attribution of responsibility – and these judgments can be seen as a source of inspiration for the future application of the ‘effective control’ standard in practice.

Short Title
Responsibility in Peace Support Operations

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