Examining the complexities of binding international law on international organisations

What is it about?

International Organisations (hereinafter referred to as IOs) is a multifaceted group of organisations entrusted with a wide range of functions by member states. They enjoy a separate legal personality which is a well-established concept of international law. The article discusses the complex nature of IOs and their legal obligations under international law. It highlights the ongoing debate regarding which rules apply to IOs and their controversies arising from potential humanitarian and human rights law violations. To address this debate, the author has adopted a qualitative analysis method, examining the sources of law and their applicability to IOs. It proposes a more robust approach, arguing IOs have legal obligations akin to states to the extent which could be fulfilled by them. The article suggests making IOs parties to international treaties like the ICCPR, ICESCR, and Geneva Convention 1949, to codify their international responsibilities. Additionally, it proposes amending multilateral treaties to grant IOs membership and create binding legal obligations for them, thereby enhancing the overall legal framework for IOs. It must be highlighted that currently there is no unanimous view regarding the international obligations of IOs. Finally, most of the proposed changes try to apply the logic that IOs are subjects of international law and enjoy a distinct legal identity from that of their member states which makes them bound by the same principles of international law as that which is being observed by states.

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