ECOWAS’ Operations Under International Law: A Matter of Common Goals to Bring About Peace or a Shield for States’ Self-Interests?

Abstract

This article intends to discuss the reach of international responsibility of states when acting under the mandate of an international organization. More specifically, it argues on the role of Nigeria when taking action under ECOWAS, a sub-regional organization, within the internal disturbances that occurred in Liberia and Serra Leone in the 1990s, in which triggered a humanitarian crisis that demanded intervention. Therefore, it will describe the intentions and actions carried out by Nigeria under an ECOWAS’ mandate in order to try distinguishing Member State’s responsibilities from the organization itself, as it could reflect on the liability of such party for any international law violations carried out under peacekeeping operations. After all, if any abuse is currently foreseen, the (regional) international organization is the one held responsible, even if there was a clear abuse of its legal personality by the State. Thus, at the end, this article tries to reveal a need for a change in the understanding of international organization responsibility whenever a party is acting solely by its interests – as in the case of Nigeria – in order for it to be held liable.