Ten Years Spent Attributing the Conduct to an International Organization

Abstract

This chapter presents the judicial application of the rules on attribution of conduct contained in the Articles on the Responsibility of International Organizations, finalized in 2011 by the International Law Commission. It aims at presenting the shortcomings of the few decisions of the last decade (updated to August 2023), to provide feasible rules applicable for all international organizations in all circumstances and identify the root cause in the lack of theoretical engagement with the legal status of these subjects of international law. The aim of this chapter is not to provide a solution, but to present the theoretical issues that have to be address before any attempt of codification.

Keywords: international organizations, responsiblity, international law commission, attribution of conduct