Abstract

On 9 October 2013, human rights lawyers filed a class-action lawsuit against the United Nations seeking compensation for Haitian victims of a cholera epidemic which they blame on U.N. peacekeepers. This suit rekindled a debate over the feasibility of an action against the legal liability of the UN for its failure to halt the Rwandan genocide. Based on the assumption that the UN has legal personality which gives it the ability to sue and be sued, this paper explores the issue of jurisdiction for a lawsuit against the UN. It finds that though the UN had a legal duty under article 24 of the UN Charter to prevent the Rwandan genocide, it is difficult to establish a claim of criminal omission against it due to the absence of an appropriate court. Also, criminal omissions do not fall under the category of peremptory norms, which qualify a state to assume jurisdiction over the UN under the principle of universal jurisdiction.

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