The EU as a Crisis Manager: Ensuring Accountability Under IHL

In 2022, the EU published its Strategic Compass, setting the course for the EU’s Common Foreign and Security Policy (CFSP) in the coming years. The most eye-catching proposal in the Compass is the creation of an EU Rapid Deployment Capacity (EU RDC). The creation of such a multinational force as part of the EU’s Common Security and Defence Policy (CSDP) toolbox, which may well engage in armed conflicts, is problematic for the attribution of possible violations of International Humanitarian Law (IHL). This paper describes how the EU may be held accountable for the acts committed by the troops it deploys. Then it will discuss how the differences in the organization of EU operations may affect the opportunities for attribution. Finally, the paper recommends the EU’s CSDP operations to have a command and control structure that is fully integrated as this ensures the highest level of certainty when it comes to the attribution of wrongful acts.