Abstract

Since the creation of the United Nations, the need for the Organization to enjoy immunity from the juris-diction of Member States has been widely recognized as necessary to achieve its important and far ranging purposes. However, it has also been understood that this immunity was not intended to shield the Organization from responsibility as a “good citizen” on the world stage to respond to justifiable claims against the Organization by third parties resulting from the activities or operations of the Organization. The United Nations has generally achieved these dual objectives, although two recent situations in the peacekeeping context have raised questions about whether it continues to do so, namely the cases involving the Mothers of Srebrenica and the Haiti Cholera victims.

Highlights

  • The discussion focused generally on misconduct by UN peacekeepers that may result in harm to third parties and on third-party claims in the context of the cholera epidemic in Haiti

  • The norm with individual consultants, large and small contractors, and others who interact contractually with the United Nations, including in the peacekeeping context, is that they must seek to resolve their claims in some manner through Section 29 of the Convention on the Privileges and Immunities of the United Nations[2] (General Convention)

  • There is a responsibility on the part of the State that provides the peacekeeping forces to report the results of the investigation and follow up action to the United Nations

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Summary

Introduction

Editor’s note: On February 26 of this year, the American Society of International Law, in cooperation with the United Nations Association-National Capital Area, the American Bar Association Section of International Law, and the Washington Foreign Law Society hosted a panel discussion[1] titled “Remedies for Harm Caused by UN Peacekeepers.” The discussion focused generally on misconduct by UN peacekeepers that may result in harm to third parties and on third-party claims in the context of the cholera epidemic in Haiti (including, for example, allegations of sexual exploitation and abuse by peacekeeping forces). The United Nations has generally achieved these dual objectives, two recent situations in the peacekeeping context have raised questions about whether it continues to do so, namely the cases involving the Mothers of Srebrenica and the Haiti Cholera victims.

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