EK II: DRAFT ARTICLES ON THE RESPONSIBILITY OF INTERNATIONAL ORGANIZATIONS, WITH COMMENTARIES
2011…
Adopted by the International Law Commission at its sixty-third session, in 2011,…
Copyright © United Nations2011…
Responsibility of international organizations…
Part One …
Introduction…
Article 1…
Scope of the present draft articles…
1. The present draft articles apply to the international responsibility of an international…
2. The present draft articles also apply to the international responsibility of a…
Article 2…
Use of terms…
For the purposes of the present draft articles,…
(a) “international organization” means an organization established by a treaty or…
(b) “rules of the organization” means, in particular, the constituent instruments,…
(c) “organ of an international organization” means any person or entity which has…
(d) “agent of an international organization” means an official or other person or…
Part Two…
The internationally wrongful act of an international organization…
Chapter I…
General principles…
Article 3…
Responsibility of an international organization for its internationally wrongful acts…
Every internationally wrongful act of an international organization entails the international…
Article 4 Elements of an internationally wrongful act of an international organization…
There is an internationally wrongful act of an international organization when conduct…
(a) is attributable to that organization under international law; and…
(b) constitutes a breach of an international obligation of that organization.…
Article 5…
Characterization of an act of an international organization as internationally wrongful…
The characterization of an act of an international organization as internationally…
Chapter II…
Attribution of conduct to an international organization…
Article 6…
Conduct of organs or agents of an international organization…
1. The conduct of an organ or agent of an international organization in the performance…
2. The rules of the organization shall apply in the determination of the functions…
Article 7…
Conduct of organs of a State or organs or agents of an international organization placed at the disposal of another international organization…
The conduct of an organ of a State or an organ or agent of an international organization…
Article 8…
Excess of authority or contravention of instructions…
The conduct of an organ or agent of an international organization shall be considered…
Article 9…
Conduct acknowledged and adopted by an international organization as its own<…
Conduct which is not attributable to an international organization under articles…
Chapter III…
Breach of an international obligation…
Article 10…
Existence of a breach of an international obligation…
1. There is a breach of an international obligation by an international organization…
2. Paragraph 1 includes the breach of an international obligation that may arise…
Article 11…
International obligation in force for an international organization…
An act of an international organization does not constitute a breach of an international…
Article 12…
Extension in time of the breach of an international obligation…
1. The breach of an international obligation by an act of an international organization…
2. The breach of an international obligation by an act of an international organization…
3. The breach of an international obligation requiring an international organization…
Article 13…
Breach consisting of a composite act…
1. The breach of an international obligation by an international organization through…
2. In such a case, the breach extends over the entire period starting with the first…
Chapter IV…
Responsibility of an international organization in connection with the act of a State or another international organization…
Article 14…
Aid or assistance in the commission of an internationally wrongful act…
An international organization which aids or assists a State or another international…
(a) the organization does so with knowledge of the circumstances of the internationally…
(b) the act would be internationally wrongful if committed by that organization.…
Article 15…
Direction and control exercised over the commission of an internationally wrongful act…
EN
TR
