نوع مقاله : مقاله پژوهشی
نویسندگان
1 دانشجوی دکتری حقوق بینالملل، دانشکده حقوق دانشگاه قم، قم، ایران.
2 استادیار حقوق بینالملل دانشکده حقوق دانشگاه قم، قم، ایران.
کلیدواژهها
عنوان مقاله English
نویسندگان English
This article examines the case law of the European Court of Human Rights and International Law Commission's framework on State responsibility for the joint conduct in multinational operations. The aim of this study is to define legal trends regarding the joint conduct in the approaches of the ILC and the ECtHR. The main question is how the ECtHR reconciles the ILC's principle of concurrent responsibility for joint conduct with the jurisdictional limitations of Article 1 of the European Convention on Human Rights, and what consequences this has for accountability in multi-State actions. Through case studies of key cases related to this issue and their legal analysis, as well as the general trends of each, this essay has argued that the Court's reliance on "effective control" as a prerequisite for jurisdiction creates accountability gaps in areas such as military alliances or illegal decision-making. By aligning the case law of the ECtHR with the principles of the ILC on State responsibility, this article has argued for a coherent framework that balances universal protection of human rights with the realities of multinational cooperation and ensures that States are not allowed to escape accountability through institutional lack of transparency.
کلیدواژهها English
