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The EU's Role in Global GovernanceThe Legal Dimension$
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Bart Van Vooren, Steven Blockmans, and Jan Wouters

Print publication date: 2013

Print ISBN-13: 9780199659654

Published to Oxford Scholarship Online: May 2013

DOI: 10.1093/acprof:oso/9780199659654.001.0001

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International Responsibility for EU Military Operations: Finding the EU’s Place in the Global Accountability Regime

International Responsibility for EU Military Operations: Finding the EU’s Place in the Global Accountability Regime

Chapter:
(p.126) 8 International Responsibility for EU Military Operations: Finding the EU’s Place in the Global Accountability Regime
Source:
The EU's Role in Global Governance
Author(s):

Aurel Sari

Ramses A Wessel

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199659654.003.0009

This chapter establishes what rules govern the attribution of wrongful acts committed by EU military operations. Given the complex division of competences between the EU and its Member States in the field of foreign and security policy, the attribution of conduct in the context of EU crisis management missions is less clear than in the case of military operations led by other international organizations. The chapter suggests that although EU military operations are not de jure organs of the EU, they may still be classified as de facto organs, provided that the Union exercises the necessary degree of control over them. Although EU operations do not satisfy the high threshold of complete dependence demanded by the International Court of Justice in its case-law, a strong argument can be made that they are subject to a particularly high degree of normative control by the EU and may be considered as its de facto organs on this basis. Accordingly, if the present analysis is correct, a presumption exists in favour of attributing the conduct of EU military operations to the EU on the grounds that they constitute de facto organs of the Union.

Keywords:   European Union, wrongful acts, accountability, crisis management, global security, Member States, international law

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