Member State Responsibility for Wrongdoings of International Organizations

Abstract

It is the aim of this contribution to demonstrate why it is necessary that international organizations are themselves responsible for their own wrongful acts and why there is and should be only a secondary, rather limited role for member state responsibility, as reflected in the 2011 ilc Articles on the Responsibility of International Organizations. Two examples from practice are discussed in this context: judgments by Dutch courts relating to the 1995 Srebrenica genocide, and the icao principle of ‘ultimate State responsibility’ in the light of the attribution of powers to Regional Safety Oversight Organizations. In addition, it is argued that it is in the long-term interest of both international organizations and their member States to create and develop appropriate, tailor-made accountability mechanisms where necessary. A proposal is made to use the Permanent Court of Arbitration as a general forum for claims against international organizations.