Notes on Legal Questions Concerning the United Nations Reparation for Injuries suffered in the Service of the United Nations

Abstract

The International Court of Justice on April 11, 1949, gave its unanimous opinion that, in the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a Member (or a non-member) State, the United Nations as an organization has the capacity to bring an international claim against the responsible de jure or de facto government with a view to obtaining the reparation due in respect of the damage caused the United Nations. By a majority of eleven, with four judges dissenting, the Court also gave its opinion that the United Nations has the capacity to claim reparation due in respect of the damage caused to the victim or to persons entitled through him. The Court by ten votes to five gave its further opinion that when the United Nations as an organization is bringing a claim for reparation of damage caused to its agent, it can only do so by basing its claim upon a breach of obligations due to itself; and that respect for this rule will usually prevent a conflict between the action of the United Nations and such rights as the agent’s national state may possess, and thus bring about a reconciliation between their claims.