IMMUNITY AND RESPONSIBILITY
Norms concerning the special privileges of diplomats are among the oldest in international law. Traditionally, these were limited to the representatives of states. From the nineteenth century, however, a gradual extension of traditional privileges and immunities began to include international organizations.
At first the responsibility for wrongs in internationallaw was limited to those entities capable of acting as full subject: the states. The law of state responsibility determines when and how a state may be held responsible for the breach from the obligation itself. It is normal that the violation of international law entails responsibility and the obligation to make some form of reparation. More recently there has been an extension of these rules toembrace international organizations, and increasing in the importance of international organizations as actors in international affairs. In addition it may sometimes be unclear whether responsibility for a wrong is most appropriately located in an international organization or in the states that created it.
Specifically, it was accepted, when the United Nations charter was being drafted, that theorganization and its representatives should be granted whatever privileges and immunities were necessary to exercise the functions entrusted to them. The United Nations itself enjoys absolute immunity as a legal person.
The status of officials has been more complicated. The secretary-general and assistant secretaries enjoy diplomatic privileges and immunities. Other officials receive “functional”immunity, meaning that immunity is restricted to official acts and words spoken or written in an official capacity. The problem is to determinate if the words or deeds were performed in an official capacity or no.
Within official we have two groups:
Peacekeepers who although the military remain the backbone of most peacekeeping operations now include administrators and economists,legalexperts, human rights monitors and specialists in civil affairs and governance etc.
Special rapporteurs who are individuals working on behalf of the United Nations. Appointed by the UN Secretary General, these experts are “of high moral character and recognized competence in the field of human rights.” They act independently of governments. They do not receive any financial compensation for theirwork, but they receive personnel and logistical support from the Office of the United Nations High Commissioner for Human Rights.
15.1 immunities and privileges
Whereas Article 104 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfillment ofits purposes and
Whereas Article 105 of the Charter of the United Nations provides that the Organization shall enjoy in the territory of each of its Members such privileges and immunities as are necessary for the fulfillment of its purposes and that representatives of the Members of the United Nations and officials of the Organization shall similarly enjoy such privileges and immunities as arenecessary for the independent exercise of their functions in connection with the Organization;
Consequently the General Assembly by a Resolution adopted on the 13 February 1946, approved the following Convention and proposed it for accession by each Member of the United Nations.
Art.1 “juridical personality”
. The United Nations shall possess juridical personality
. It shall have the capacityto: contract, Acquire / dispose of property and Institute legal proceedings
Art.2 “property, funds, assets”
. Its property, assets shall enjoy immunity from every form of legal process, without being restricted by financial controls, reglament, o moratories and shall be exempt from all direct taxes, from customs duties and restrictions.
. When united nations makes important purchases for…
