Shared responsibility per violazioni di diritti umani nel corso di peacekeeping operations delle Nazioni Unite: quale ruolo per la Corte europea dei diritti umani?

The author examines how the European Court of Human Rights may effectively respond to human rights violations committed by UN peacekeepers, notwithstanding the fact that it is impossible to bring a claim against the UN before international or national courts, and the organization itself lacks effective internal remedies. Accepting as a premise the thesis of the dual nature of peacekeeping forces and arguing that this leads to a shared responsibility between the United Nations and the sending State, the author first analyzes the position of the Strasbourg Court in its decision on Behrami and Behrami v. France — the only case specifically concerning peacekeeping operations examined so far. She then considers possible future developments of the jurisprudence in the light of the work of the International Law Commission and of some domestic judgments, which have recognized the attribution of peacekeepers’ conduct to the sending State. Lastly, the author considers some recent decisions of the European Court which, although not specifically concerned with peacekeeping operations, may have significant implications also in this regard