Abstract
The paper deals with the attribution of international responsibility for wrongful acts committed by UN peacekeepers. First, it analyses the case law applying the criterion of the “degree of effective control” as decisive to the attribution of that conduct to the UN or to the contributing State. Then, it suggests that the criterion of the “degree of effective control” includes operational, jurisdictional, and disciplinary powers, so that dual attribution of conduct cannot be excluded and usually occurs in UN peacekeeping operations. The dual attribution of the same conduct (to UN and States) is also useful to victims, as it overtakes the immunity from jurisdiction granted to UN under international law, providing a judicial remedy in national and international courts against the contributing State.
Keywords
international responsibility peacekeeping operations United Nations effective control right to effective legal remedy