Determining the Responsibility of Multiple International Persons Contributing to a Refoulement
摘要
This chapter assesses the efficiency of the ILC Articles and the Guiding Principles on Shared Responsibility (GPSR) in determining the (shared) international responsibility of multiple international persons engaging in wrongful conduct that contributes to a refoulement. To this end, it applies the ILC Articles and the GPSR to a series of factual scenarios. The latter are developed on the basis of the factual background of relevant jurisprudence or of reported incidents concerning the involvement of multiple states and/or international organizations (i.e. the EU, NATO, the UN, and the IOM) in a refoulement. Ultimately, the chapter concludes by highlighting the difficulty of the ILC Articles and the GPSR in coping with the determination of (shared) international responsibility in such scenarios. Doing so, it also sets the scene for the introduction of the ‘Guiding Principles on the Determination of Shared Responsibility for Multiple International Persons’ Contribution to a Refoulement’ in Chap. 4 .