Week 4

• Privilege in the context of international organizations: cases where local legislation is not applied
• Immunity in the context of international organizations: cases where local legislation applies but courts cannot assess its applicability
• No diplomatic immunities in the context of international organizations
• Privileges and immunities are granted to experts in the interests of the United Nations and not for the personal benefit of the individuals themselves (Section 23 Convention Privileges and Immunities of the UN)
• Legal resources related to privileges and immunities:

  • Consituent treaty
  • HQ agreement
  • Ad hoc conventions
  • Convention on the Privileges and Immunities of the United Nations
  • Convention on the Privileges and Immunities of Specialized Agencies
  • Agreement on the Privileges and Immunities of the ICC
  • SOFAs
• Scope of immunities in the United Nations context:

  • IO (Arts. II-III)
  • Representatives of members (Art.IV)
  • Officials (Art.V)
  • Experts on missions (Art.VI)
  • UNPK missions (SOFA agreements)
  • ICJ (own legal regime)
• Immunity from legal process for United Nations property and assets, with exemption from direct taxes, customs duties, etc.
• Immunity for representatives of Member States while exercising their functions and during the journey, including immunity from personal arrest or detention, inviolability of papers and documents, exemption from immigration restrictions, and immunity from legal process for words spoken or written and all acts in discharging their duties
• Immunity for UN officials specified by the UNSG, including immunity from legal process in respect of words spoken or written and all acts in their official capacity, taxes on salaries and emoluments, national service obligations, immigration restrictions for themselves, spouses, and dependents, and duty to protect
• Immunity for experts on mission necessary for the independent exercise of their functions, including immunity from arrest or detention, inviolability for papers and documents, and immunity for words spoken or written and acts done by them
• Waiver of immunities:

  • State representatives: Member States (duty)
  • UN Officials: UNSG (UNSC for the UNSG)
  • Expert on missions: UNSG
  • Express and Ad hoc
• Settlement of disputes in the UN context:

  • Arbitration (commercial contracts)
  • IATs (for civil servants)
  • Advisory opinions before ICJ (interpretation and application 1946 Convention Immunities)
• In the case of Waite and Kennedy v. Germany, the ECHR emphasizes the significance of immunity for international organizations. It deems immunity crucial for their proper functioning and enhancing international cooperation, recognizing it as a legitimate objective that bolsters their effectiveness across different sectors of modern society.