On the Attribution to an International Organization of the Activity of Private Companies that Operate on its Account

Abstract

The increasing outsourcing of the activities of international organizations to private companies, especially in security and military fields, raises the question whether the conduct of private companies can be attributed to the delegating organization. The paper seeks to explore this new topic in the light of the criteria of attribution provided by the International Law Commission in the Draft Articles of responsibility of international organizations adopted on first reading in 2009. The paper highlights the advantages of the solution reached by the Commission, but also underlines the gaps it has left open. It formulates suggestions for changes the Commission should follow during the second reading in order to make more clear the approach it has adopted.