The Liability of the UN during Peace Operations: Making a Case for Unveiling UN Immunity

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.