Responsibility of Member states of International Organizations In light of International Law Commission Draft Articles on the Responsibility of International Organizations

Moosavi, Sayed Fazlollah; Khodaparast, Naser

Responsibility of Member states of International Organizations In light of International Law Commission Draft Articles on the Responsibility of International Organizations

Authors

Sayed Fazlollah Moosavi

Naser Khodaparast

Department of Faculty of law and political science of Tehran University

Abstract

It is classically contended that when an international organization endowed with international legal personality commits an international wrongful act, the organization is to be held exclusively responsible even though the act would have constituted a violation of its member states' obligations if committed by them. This Article intends to depart from such a rigid interpretation of the responsibility of international organization and makes the argument that when member states abuse the international legal personality of an international organization through control ,coercion ,aid and assistance and circumvention of the organization, they must be held, responsible for violations of international law by the organization . International Law Commission has classified these acts in its 2011 Draft Articles on the Responsibility of International Organizations. However there are many criticisms to this draft but these articles have caused exclusive Responsibility of International Organizations be somehow blurred and abolished .And the member states cannot hide behind the screen of the international legal personality of the Organizations. This draft has opened a new horizon in international law in order to hold member states of international organizations, responsible for violations of international law by the organizations.

Keywords

international organizations

International Responsibility

International Legal Personality

member states of international organizations

International Law Commission