The Responsibility of the United Nations During Stabilization Operations

Abstract

UN peace operations which pursue stabilization often call for peacekeepers to assist with the extension of state authority, assist with the redeployment of host state forces, and to conduct joint operations and share intelligence. Such UN cooperation with host state forces and other international actors poses challenges for the international legal responsibility of international organisations and more generally, for the accountability of international actors for violence perpetrated against other actors. This chapter examines the complexities of responsibility in light of stabilization and whether Article 7 and Article 14 of the Draft Articles on Responsibility of International Organizations could lead to UN responsibility for wrongful acts committed by the host state (and other actors) where the UN has provided continuing support. The paper specifically looks at the UN Multidimensional Stabilization Mission in Mali (MINUSMA) where the UN has worked alongside Malian forces (MDSF), French troops deployed as part of Operation Barkhane, and a regional counter-terrorism force, the G-5 Sahel Force. Complex relationships have ensued, particularly in relation to counter-terrorism operations, which could have ramifications for the legal responsibility of international organisations where actors cooperate closely, and wrongful acts are committed.

Keywords: Responsibility for internationally wrongful acts, peacekeeping, stabilization, United Nations, MINUSMA