Document Type : Research Paper
Authors
1 PhD Student in International Law, Faculty of Law, University of Qom, Qom, Iran.
2 Assistant Professor, International Law, Faculty of Law, University of Qom, Qom, Iran.
Abstract
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.
Keywords
- Joint Conduct
- European Court of Human Rights
- Effective Control
- Concurrent Responsibility
- International Law Commission
Main Subjects
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