Accountability of International Organizations

Question 1

What are international organizations or IOs for short?

Answer 1

States coming together to create organizations to achieve a particular purpose to get things done in a certain way. Maybe defined against two axes: a breadth and scope of state participation, or issues and mandates. Normally constituted by (multilateral) treaty, which outlines nature/power of the IO.

Question 2

Why do States Create International Organizations?

Answer 2

To achieve a particular purpose to get things done in a certain way.
Federalism: states give up autonomy; the expansion of the territorial domain of political authority, which is also the purpose of international governmental organizationsaggregation
Functionalism: Argues two basic and observable trends in modern history are crucially important in shaping the domain and scope of political authority; they are the growth of technology and the spread and intensification of the desire for higher standards of material welfare.
Theory of public goods: Thus, with large organizations, individual efforts will have no noticeable effect on the organization, and the individual will receive the benefits of the organization with or without contributing to it.

Question 3

How can International Organizations be classified?

Answer 3

Participation – sub regional, regional, global

Issues – specialized (or highly technical), general

Question 4

Describe the various UN organs and their primary functions (specifically Security Council, General Assembly, and ICJ).

Answer 4

United Nations works to maintain peace.
General Assembly
In a nutshell:
Can make recommendations considered binding
The executive organ of the organization
Each member has 1 vote
Rule set out in Chapter IV of UNC
Secondary responsibility for international peace and security
International cooperation including development of IL (Art. 13)

The Security Council
Far-reaching powers
Veto power: If one state does not concur, the decision cannot pass.
The Economic and Social Council

The ICJ
Function of the ICJ
Primary judicial organ of the UN
Two parts:
Advisory proceedings: Give advice to states
Reservaton of genocide advisory opinions
Cheggos advisory opinion
Self determination opinion
Contentious jurisdiction: instead of go to war, must go to the ICJ
Legal basis for material jurisdiction
Disputes arising from a treaty where both states are a party
Where parties agree to send the specific dispute
Declarations accepting compulsory/standing jurisdiction

The Secretariat

Trusteeship Council

Question 5

Why do you think apartheid is used as a problem in the International Organization section?

Answer 5

It may be here to illustrate the United Nation’s role in resolving these kinds of international problems.
Apartheid violated one of the most fundamental prescriptions in the UN Charter and the Universal Declaration of Human Rights —the duty on states to respect human rights without distinction as to race. “As a result, the UN’s work to end apartheid can be viewed as an effort by its members to secure the compliance of South Africa with that basic norm.” (p. 134)

Question 6

What is apartheid?

Answer 6

Apartheid was the system of racial separation and discrimination (classification) that prevailed in South Africa as a matter of governmental policy from 1948 until its abolition in the early 1990s. It classified persons as 1 of 4 racial categories: white, Bantu (black), colored (mixed race), or Asian.
Included denial of the right to vote, limitations on employment, separate living areas and schools, limits on ownership of property, prohibitions on intermarriage, (listed in full on 133). The result was the legally mandated separation of the races and denial of basic human rights to approximately 90 percent of the state’s population.

Question 7

Who was the apartheid government aligned with?

Answer 7

During the Cold War, South Africa allied with the West but was embarrassing to Western governments. Both East and West aggreed on the need to abolish apartheid but ultimately took advantage of the South African situtation for their own benefit.

Question 8

What is the UN and its organs and their respective powers under the UN charter?

Answer 8

The UN is an international organization. International organizations can be organized by their participation (regional/global) and the issues over which they have a mandate (specialized/general). The UN falls into the global/general category. The UN is also considered the most significan organization with regards to the breadth of its responsibilities and legal effect of its decisions.
The Charter establishes the Security Council (15 states), the Economic and Social Council (54 states), the Trusteeship Council (5 states, though it suspended operations in 1994 with the independence of the last trust territory created after World War II), and the International Court of Justice (15 judges). The Security Council’s decisions are binding on all states, and the ICJ’s judgments bind the states that are parties to a given case; the Economic and Social Council’s resolutions are recommendations.

Question 9

What factors do states consider when deciding whether decisions should be made by unanimity, consensus, or other voting procedures?

Answer 9

Efficiency, the UN Security Counsel is able to make decisions fast that the full General Assembly.
Speciality, International Civil Aviation Organization includes states with particular technical expertise and are better equipped to serve as the authority on aviation regulations.

The UN Charter is explicit regarding decisionmaking power and processes within each organ: (page137)
Article 10: GA may discuss any question within the scope of the charter….make recommendations to SC
Article 11: GA may consider principles of cooperation/make recommendations to SC/maintain int’l peace
Article 18: Each member 1 vote/ 2/3rds majority on important issues/others simple majority
Article 23: SC is 15 members/ permanents members/non-permanent members elected 2 year terms
Article 24: responsibility of int’l peace/security conferred in SC/SC act in accrodance with UN principles.
Article 25: UN will accept/ carry out decisions of SC
Article 27: SC member 1 vote each/ procedural matters need 9 votes/ all others matters 9 votes plus permanent members
Article 48: SC may determine action required to carry out its decisions.

Question 10

Does the Security Council veto violate the principle of the sovereign equality of states?

Answer 10

The book doesn’t expressly say but yes it does. The veto power gives a single sovereign the ability to override a majority opinion from other states.

Question 11

What happened in the Reparations for Injuries Case at the ICJ (1949)? What are the legal issues?

Answer 11

After the outbreak of war between Israel and the Arab states following Israel’s declaration of independence in 1948, the Secretary-General appointed Count Folke Bernadotte of Sweden to mediate between the parties in the hopes of bringing about a cease-fire. That year, Bernadotte’s car was blown up in Jerusalem, killing him and a French observer.

Question 12

Where does the court look to determine the UN’s legal personality? Does the ICJ conclude that the UN is akin to a state?

Answer 12

UN Charter was silent on many of the issues that could aid in determining the UN’s legal personality. While it did include some provisions such as article 104, stating the at the UN would have legal capacity within its member states (allowed it to hire plumbers/pay electric/ect) it remained silent on other matters like who spoke for it. The ICJ addressed these issues in an early case regarding the death of one of its members in Isreal.

Question 13

Can the UN bring an independent claim for damages for the death of one of its agents, or do each of the member states need to?

Answer 13

Yes, the UN may bring an independent claim for damages for the death of one of its agent. The capacity of the Organization to exercise a measure of functional protection of its agents arises by necessary intendment out of the Charter.
An agent must perform his duties with protection assured to him by the Organization and not any other. Article 100 of the UN Charter. “In particular, he should not have to rely on the protection of is own State. If he had to rely on that State, his independence might well be compromised, contrary to the principles applied by Article 100 of the Charter”

Question 14

How did the UN’s intervention into South Africa’s internal system of Apartheid begin?

Answer 14

The UN’s first foray into the racial system in South Africa began in response to a complaint by the government of India in 1946 regarding the treatment of Indians in South Africa.

Question 15

What was the first thing to provoke stronger UN involvement?

Answer 15

Four years after the legal establishment of apartheteid in South Africa, a group of developing states requested that the Secretary-General put apartheid per se on the agenda of the Assembly. → General Assembly Resolution 616 B
Then, on March 21, 1960, a township in northeastern South Africa, during a peaceful protest by blacks against the laws restricting their movement and habitations, government troops opened fire, killing 68 men, women, and children and injuring 180. Four days later, 29 states from Africa and Asia asked the UN Security Council to hold a meeting to discuss this issue. → Security Council Resolution 134 (1960)

Question 16

Describe the SC resolution that resulted?

Answer 16

Security Council Resolution 134 (1960):
Recognizes that thracial policies of the Union of South Africa to revise their polioces and conform them with the obligations under the UN Charter.
Recognizes that the situation in the Union of South Africa has led to interantional friction and if continued mught endanger international peace and security.
Deplores sympathy to the families and victims of the victims in South Africa
Calls upon South Africa to bring racial harmony and abandon its policies of apartheid and racial discrimination.

Question 17

What purpose do General Assembly condemnations serve, if any?

Answer 17

Also referred to as “naming and shaming” it creates public pressure for the state to alter the unfavorable conduct

Question 18

What were some of the sanctions recommended by the UNGA in its 1962 Resolution 1761?

Answer 18

Recommended sanctions for Member States against SA: Breaking off diplomatic relations with SA, closing their ports to all vessels flying the SA flag, enacting legislation prohibiting their ships from entering SA ports, boycotting all SA goods and refraining from exporting goods to SA.

Question 19

What made Western Countries get involved against apartheid?

Answer 19

In 1963, Western nations, facing pressure from the developing world, announced that they would stop arms sales to South Africa.

Question 20

What’s the significance of the term “disturbing international peace of security” versus “endangering international peace and security”?

Answer 20

“endangering international peace and security” envokes Chapter VII which is only appropriate for “a fully matured threat to, or breach of, the peace” while “disturbing international peach of security” does not invoke Chapter VII

Question 21

Was South Africa expelled from the UN?

Answer 21

No, the resolution to expel South Africa for consistent violation of the Human Rights Charter was vetoed by France, the UK, and the United States.

Question 22

What were some of the arguments for and against the expulsion of South Africa from the UN?

Answer 22

The vetoing states condemned the SA policies but remained hopeful of bringing about a change in the policy of the Pretoria regime

Question 23

The SC blocked the GA from kicking South Africa out of the UN. But what did it also do in response in its 1977 Resolution 418?

Answer 23

The Council urged member states to suspend new investment, prohibit the sale of South African gold coins, restrict sport and cultural relations, and prohibit sales of nuclear and computer technology and equipment.

Question 24

What finally brought the end of apartheid?

Answer 24

The domestic and international pressure led the Nationalist Party to select F. W. DeKlerk, a moderate party member, as President of South Africa in 1989. DeKlerk began a four-year process that led to the end of apartheid.

Question 25

What did Mandela say in his speech to the UN General Assembly in 1994?

Answer 25

“We stand here today to salute the United Nations Organization and its Member States, both singly and collectively, for joining forces with the masses of our people in common struggle that has brought about our emancipation and pushed back the frontiers of racism. The millions of our people say “thank you” and “thank you again” because the respect for your own dignity as human beings inspired you to act to ensure the restoration of our dignity as well.”

Question 26

What is your takeaway from the International Organization section of this course?

Answer 26

A salute to the United Nations and its member states for joining forces for pushing back the frontiers of racism and struggle for emancipation.

Question 27

What does the ICJ Statute provide for? How would you describe its various types of jurisdiction?

Answer 27

Statute of the International Court of Justice Art. 36-
(1) The jurisdiction of the Court comprises all cases in which the parties refer to it and all matters especially provided for in the Charter of the United Nations or in treaties and conventions in force
(2) The states parties to the present Statute may at any time declare that they recognize…. the jurisdiction of the Court in all legal disputes concerning:
The interpretation of a treaty
Any questions of International law
The existence of any fact that, if established would constitute a breach of an international obligation
The nature or extent of the reparation to be made for the breach of an international obligation
(3) These can be made with reciprocity on the part of the states or not

Art. 36 means that the ICJ can hear three sorts of cases:
Those arising from treaties to which both states are parties
Those arising from a special agreement of the parties
Those arising out of declarations where both parties accept the jurisdiction of the ICJ
73 states have so far accepted this jurisdiction

Question 28

How do we hold IOs accountable? Can you map out what happened in the sexual abuse cases? What are the internal accountability mechanisms in the UN? What about external ones?

Answer 28

Accountability of institutions for their actions and omissions has at least three dimensions:

(1) To whom is an IO accountable?
(2) What standards should be used to hold an IO accountable?Where can we find them?
(3) What processes should be used to hold IOs accountable? (on page 156)

RULES CONCERNING RESPONSIBILITY: Article 6 on p. 159 - 2 scenarios: organs and agents of the state.
Agencies have more nuincaces to determine how the individual is acting (lone wolf or representing an organization?)
The conduct of a state is attributable to the organization.
Article 7: deals with questions of control
Similar to the effective control test (like the Nicaragua case). Must look at the specific conduct to see how that conduct is being traced back to the state.

External Accountability
External review of UN actions is limited
1946 Convention on the Privileges and Immunities of the United Nations, the UN is “immune from every form of legal possess” in domestic courts
On occasion the UN has been willing to subject itself to at least quasi-judicial review.

Question 29

What is the alternative approach of pursuing the home state of the UN forces?

Answer 29

Art. 33 calls on states to settle friction by peaceful means and lists; (Page 152)
negotiation
enquiry
mediation
cancellation
arbitration 
judicial settlement
resort to regional agencies or arrangements

Question 30

What happened in the European Court case? What about the Dutch case?

Answer 30

RULE: DARIO- the wrongful conduct of a nation’s organ may be attributed to the nation and the international organization simultaneously where factors indicate that the nation exercised FACTUAL control over the specific conduct.

1990s civil war broke out in Bosnia. The UN established a force of Dutch troops which were deployed in Srebrenica which was designated as a safe haven. Bosnian Serb entered evacuated children and women and massacred a lot of men and the Dutch troops gave little resistance. Survivor (P) of atrocities, brought suit in Netherlands claiming that Dutch government could be held liable for failing to protect members of P’s family.
LAW:Art. 7- The conduct of an organ or a State or an organ of an IO that is placed under the disposal of another IO shall be considered under IL an act of the latter organization if the organization exercises EFFECTIVE control over that conduct.
Art. 48- where an IO and one or more states are responsible for the same internationally wrongful act, the responsibility of each state or organization may be invoked in relation to that act.
The court determined applying the DARIO that the Dutch government had EFFECTIVE control over the forces and therefore conduct is attributed to the Netherlands. The Netherlands retained control over the personnel affairs of the military personnel and retained the power to punish. Whether the conduct can be attributed to the IO depends on the factual control over specific conduct.