Assessment of the cooperation arrangements and implications for the attribution of conduct Sample Clauses

Assessment of the cooperation arrangements and implications for the attribution of conduct. It has been stressed previously that the element of “normative control” based on institutional relations between the involved organisations is particularly important in the determination of the attribution of conduct and responsibility.53 The analysis showed that the degree of cooperation on a political level between KFOR and UNMIK is certainly high and that arguably UNMIK is exercising some form of control on a political level via “political guidance”, but that element of control has not penetrated the strategic or operational level of cooperation. Bearing in mind, that joint responsibility as envisaged in this present study presupposes that one organisation makes more than a “substantial contribution” to surpass “aid and assistance” under Article 14 ARIO, any attribution of conduct of KFOR to the UN would require that there is a strong nexus between the control exercised on a political level, outside the military chain of command, and the control exercised on strategic and operational levels. There must be an intimate link between the control exercised on a political level and on the other levels to justify holding both organisations jointly responsible, precisely because the UN is not part of the chain of command of NATO. Otherwise, one cannot hold both organisations jointly responsible, at least on the basis of the suggest criterion of normative control. The disjuncture between these elements in the present case of KFOR is underlined by the hybrid base of authority of KFOR; on the one hand, its authority is derived from Security Council Resolution 1244, and on the other hand, it stems from the MTA. One therefore has to conclude that the responsibility for the conduct of KFOR lies at least primarily with NATO and to a lesser extent with the UN.54 There are, indeed, instances, in which KFOR and, consequently, NATO act independently from any UN involvement by virtue of its powers granted under the MTA. For example, the Security Council welcomed “the decision taken by the North Atlantic Treaty Organization (NATO) to authorize the commander of KFOR to allow the controlled 53 One could also use the term “normative power” as it is used by Xxxxxxx xx Xxxxxxxxxx regarding partnerships among International Financial Institutions, X. Xxxxxxx de Chazournes, ‘United in Joy and Sorrow : Some Considerations on Responsibility Issues under Partnership among International Financial Institutions’, in M. Ragazzi (ed.), Responsibility of International Organizations. Essays ...
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Related to Assessment of the cooperation arrangements and implications for the attribution of conduct

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