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Remedies for Harm Caused by UN Peacekeepers

  • Bruce Rashkow (a1)

Extract

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.

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References

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1 Remedies for Harm Caused by UN Peacekeepers, ASIL (2014).

2 Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 1 UNTS 15.

3 UN General Assembly, Model Status-of-Forces Agreement for Peace-keeping Operations: Rep. of the Secretary-General, UN Doc. A/45/594 (Oct. 9, 1990).

4 G.A. Res. 52/247 (June 26, 1998).

5 Id. at para. 6, as defined in para. 14 of GA Res. 51/389 (Sep. 20, 1996).

6 See Rep. of the Secretary General, UN Doc. A/51/389 (Sep. 20, 1996).

7 HR 13 April 2012 (Mothers of Srebrenica/The State of the Netherlands) (Neth.).

8 Press Release, UN Secretary General, Haiti Cholera Victims’ Compensation Claims ‘Not Receivable’ under Immunities and Privileges Convention, United Nations Tells Their Representatives, UN Press Release SG/SM/14828 (Feb. 21, 2013).

9 UN Under-Secretary-General for Legal Affairs, Letter dated July 5, 2013 from the UN Under-Secretary for Legal Affairs ad dressed to Mr. Concannon (July 5, 2013).

10 UN Under-Secretary-General for Legal Affairs, Letter dated July 25, 2011 from the UN Under-Secretary-General for Legal Af fairs addressed to Madam on behalf of Roma, Ashkali and Egyptian residents of IDP camps in Mitrovica, Kosovo (July 25, 2011).

11 UN Secretary General, Special measures for protection from sexual exploitation and sexual abuse, Secretary-General’s Bulletin, UN Doc. ST/SGB/2003/13 (Oct. 9, 2003).

12 UN Secretary General, Letter dated Mar. 24, 2005 from the Secretary-General addressed to the President of the General Assembly, UN Doc. A/59/710 (Mar. 24, 2005).

13 UN General Assembly, Report of the Special Committee on Peacekeeping Operations and its Working Group on the 2007 resumed session, UN Doc. A/61/19 (June 12, 2007).

14 UN Comprehensive Strategy on Assistance and Support to Victims of Sexual Exploitation and Abuse by UN Staff and Related Personnel, GA Res. 62/214 (Dec. 21, 2007).

15 GA Res. 62/63 (Dec. 6, 2007).

16 UN Secretary-General, Special Measures for Protection from Sexual Exploitation and Sexual Abuse, UN Doc. A/67/766 (Feb. 28, 2013).

* He formerly held senior positions in the UN Office of Legal Affairs as well as in the Office of the Legal Adviser in the U.S. Department of State and with the U.S. Mission to the United Nations

Remedies for Harm Caused by UN Peacekeepers

  • Bruce Rashkow (a1)

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