The Duty of Care of International Organizations: Issues of Conduct and Responsibility Attribution

This chapter addresses the question of how the responsibility to discharge the duty of care is allocated between an international organization, its member States and the civilian personnel deployed abroad by the international organization. First of all, it discusses the applicability of the rules on international responsibility, in particular the Draft Articles on the Responsibility of International Organizations and the Articles on the Responsibility of States for Internationally Wrongful Acts. In this regard, attention will be paid to the interplay between special regimes imposed by the international organizations and general rules. Secondly, and provided that the general rules on international responsibility have a role in apportioning the responsibility between States and international organizations, the chapter analyses the rules of attribution of conduct and of responsibility in light of the most recent international practice and jurisprudence.