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
Related Articles
- EP ID EP706798
- DOI -
- Views 67
- Downloads 0
Legal Analysis on Act of Torture based on International Law and its Incorporation into Pakistani law
When the United nation was formed in 1945, its purpose was to bring peace and stability to the world; it also signed many treaties relating to protecting and advocating human rights. It first introduced the first Bill...
Parliamentary vs Presidential Systems in Pakistan and US: Orientation and Failure of Governments in Pakistan
This paper examines the major differences between the presidential and parliamentary governmental systems. Since the conclusion of World War, I, democratic movements have spread throughout Europe and, of course, the w...
Deradicalism as a Humanistic Approach to Managing Radicalism in Indonesia
Radicalism is thought based on beliefs about the values, ideas, and views held by someone who is judged to be the most correct and considers others to be wrong. Social media is now an important factor in the spread of...
Impact of E- Service Quality, E-Satisfaction, and E-Loyalty in the Online Fashion Industry, Pakistan
This research is primarily attentive on the development of E-commerce platforms which has allowed businesses to harness the power of the internet and reach a larger audience with their products and services. Ecommerce...
The Politics of Sexual Violence and Subhuman Conditions: The Case of Bosnia and Rwanda
This paper examines the subhuman conditions of two critical war cases in Bosnia and Rwanda involving massive sexual violence. The rape of women by soldiers during wartime is considered an unfortunate accompaniment of...