The Liability of the UN during Peace Operations: Making a Case for Unveiling UN Immunity
Journal Title: Traditional Journal of Law and Social Sciences - Year 2022, Vol 1, Issue 01
Abstract
The immunities and privileges of the United Nations (UN), its officials and representatives and its specialized institutions during peace operations have always been considered as absolute and beyond responsibility no matter the level of its actions or omissions, which are in violation of international obligations. The law that however provides for the privileges and immunities of the UN, also provides for the possible scheme for the compensation of victims of UN action. However, common practice has it that there is a reliance totally on the said immunities and privileges at the detriment of the victim who has valid grounds to be compensated. As a result of this, impunity becomes an imminent danger which will affect the victim who genuinely would have to be compensated for the acts or omissions of the UN. The objective of this paper is to unveil UN immunity of the UN as provided by the law. The research method to be used in this paper will be the doctrinal research method with the use of qualitative research. The major findings are that the UN has successfully invoked and used its privileges and immunities to procure impunity for itself. One of the major recommendations is that from the provisions of the UN Charter, the General Convention of 1946, and the United Nations General Assembly (UNGA) Resolution on the Temporal and Financial Limitation of Third Party Liabilities should be analyzed to put in place a jurisdictional body to hear matters involving the UN and victims of UN peace operations in case the out of court compensation scheme has failed.
Authors and Affiliations
DZEBEN NGALIM Arnold, Professor TAMFUH Wilson NYAKO & Doctor KELESE George NSHOM
Keywords
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The Liability of the UN during Peace Operations: Making a Case for Unveiling UN Immunity
The immunities and privileges of the United Nations (UN), its officials and representatives and its specialized institutions during peace operations have always been considered as absolute and beyond responsibility no...