Abstract
A fundamental principle of public international law and the law of the international civil service bestows a certain degree of immunity and some privileges to members of the international civil service (those serving in the United Nations system). Therefore it follows that negligence of a member of the international civil service cannot be judged at the same level as that of a member of the public, particularly in relation to professional duties discharged. This is because the international civil service is granted immunity from liability for acts committed and opinions given in the course of their employment, provided such acts related to the performance of official duties. The special position occupied both by an international Organization of nations and its employees in the national courts is due to an explicit recognition of “rootlessness” and international character of both the Organization and its international civil service which, if brought into subjugation by national jurisdictions and legislation, would be rendered destitute of independence in their work for the international community. This article discusses the nature of international organizations and their staff, the types and degree of immunity they enjoy, the difficulties posed by the grant of such immunities and instances of waiver of such immunity. Key words: International civil service, international organizations, diplomatic immunity, waiver of diplomatic immunity, absolute immunity, qualified immunity, negligence.
Highlights
Negligence of professionals that gives rise to civil liability is grounded on principles of tort law i
Negligence of a member of the international civil service cannot be judged at the same level as the international civil service is granted immunity from liability for acts committed and opinions given in the course of their employment, provided such acts related to the performance of official duties
Abeyratne of the international civil service, The immunity granted by the host country to the Organization applies to the staff
Summary
Negligence of professionals that gives rise to civil liability is grounded on principles of tort law i. 31 of the Convention which states that a diplomatic agent shall enjoy immunity from the criminal jurisdiction of the receiving State and enjoy immunity from its civil and administrative jurisdiction, makes some exceptions except in the case of a real action relating to private immovable property situated in the territory of the receiving State, unless he holds it on behalf of the sending State for the purposes of the mission; an action relating to succession in which the diplomatic agent is involved as executor, administrator, heir or legatee as a private person and not on behalf of the sending State; and an action relating to any professional or commercial activity exercised by the diplomatic agent in the receiving State outside his official functions.The operative question is whether an international Organization or its staff must wholly be at the mercy of a national court.
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