Complicity and the Law of International Organizations

Magdalena Pacholska, Legal Adviser to the Polish Armed Forces

'This book provides a thorough analysis of some of the important legal questions arising in the day-to-day complex functioning of contemporary peace operations and offers thought-provoking ideas grounded in systemic, in depth study of a variety of legal norms, principles and concepts from various fields of international law. Practitioners will appreciate particularly the comprehensive examination of the International Law Commission's over half a century long work on State and International Organizations responsibility laid before the reader in a forthright yet insightful manner. A must-read for practitioners advising decision makers in states and international organizations.'--Eric Mongelard, Office of the United Nations High Commissioner for Human Rights'This cutting-edge study offers a rigorous analysis of major issues in the law of international organizations' responsibility. It covers a broad range of legal sources, highlights central controversies in this rapidly developing legal field and enriches international legal scholarship.'--Moshe Hirsch, Hebrew University of Jerusalem, Israel'The legal responsibility of UN peacekeeping forces for aiding or not preventing violations of international humanitarian law remains among the most vexing questions in contemporary international law. This new treatise by Dr. Magdalena Pacholska fills a critical gap in legal doctrine and theory on this topic. It offers a comprehensive, meticulous and creative approach to the responsibility of international organizations for complicity in violations occurring during armed conflicts, and lays the ground for holding UN peacekeepers to legal account.'--Yuval Shany, Hebrew University, Israel

• Contents: 1. Introduction 2. From Impartiality to Complicity? The Evolution of UN Peace Operations 3. Legal Regime of the Responsibility of International Organizations 4. Responsibility for Complicity in Public International Law 5. Due Diligence and Responsibility for Complicity: The Quest for Clarification 6. Responsibility for Complicity and the Plurality of Responsible Actors 7. General Conclusions Index