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Circumventing Obligations Through Multinational Military Operations: Legal Consequences for Troop Contributing States Cover

Circumventing Obligations Through Multinational Military Operations: Legal Consequences for Troop Contributing States

By: Tuomas Heikkinen and  Martin Faix  
Open Access
|Oct 2019

Abstract

If member States decide to circumvent their international legal obligations by acting through a military operation led by an international organisation, the institutional veil of which provides a shield against their responsibility for possible wrong-doings, an accountability gap can be identified. The contribution explores one of the possibilities for addressing this gap, the prohibition of circumvention, as enshrined in Art. 61 DARIO. The provision stipulates the possibility to hold the troop contributing States accountable. However, arguably the problems with international organization’s accountability gap cannot be solved in most cases by holding the States responsible over the actions of the MMO. Problematic appears such solution against the necessity to satisfy the thresholds of intent to circumvent and causing the organization to act in certain way, as required by the principle enshrined in the Article 61 DARIO.

DOI: https://doi.org/10.2478/iclr-2019-0006 | Journal eISSN: 2464-6601 | Journal ISSN: 12138770
Language: English
Page range: 172 - 189
Published on: Oct 7, 2019
In partnership with: Paradigm Publishing Services
Publication frequency: 2 issues per year

© 2019 Tuomas Heikkinen, Martin Faix, published by Palacký University Olomouc
This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.