Codification of the responsibility of international organizations

Abstract

The aim of this study was to present private and official codifications concerning the topic of responsibility of international organizations. Moreover, it highlighted some controversial issues which occurred during the work of International Law Commission (ILC). The topic of responsibility of international organizations was analyzed both by private bodies such as Institute de Droit International and International Law Association and – as mentioned above – ILC. The efforts of Institute de Droit International resulted in a resolution on The Legal Consequences for Member States of the Non-fulfilment by International Organizations of their Obligations toward Third Parties. While in 1996 International Law Association studied these topics, a Committee on the Accountability of International Organizations was established. These private drafts paid attention of ILC to some legal issues which helped ILC to identify problems which require further discussion. After completion of its work on State responsibility in 2001, ILC decided to include the topic Responsibility of International Organizations in its work program. Mr G. Gaja was appointed the Special Rapporteur and in years 2003-2011 he presented eight reports which took into account the comments and observations received from governments and international organizations. In his reports he largely followed the model of Articles on State Responsibility for Internationally Wrongful Acts. In 2011 the Commission adopted the draft of 67 articles on Responsibility of International Organizations, divided into six parts. The Draft Articles aimed at codification of a set of secondary rules applicable to a wide range of international organizations. The codifications of rules on the responsibility of international organizations was a very difficult task due to diversity of international organizations, which differ in size, functions and competence. Furthermore, there is a lack of relevant practice that would allow to elaborate the principles relating to responsibility of international organizations. Nonetheless, the responsibility for international wrongful acts is the most important institution of international law irrespective of the subject which committed a wrongful act.