This paper gives an account of the cholera epidemic brought to Haiti by United Nations peacekeepers in 2010. Then it goes on to discuss UN immunity, and how that affects the cholera victims’ fight for justice in US court, in detail. The cholera victims’ case against the UN is an opportunity to re-evaluate UN immunity and its obligations to provide mechanisms for dispute resolution.
The abstract is below. Click HERE for the full paper.
UN Immunity or Impunity? A Human Rights Based Challenge
Rosa Freedman, European Journal of International Law
April 7, 2014
National courts have long understood the UN to have absolute immunity from their jurisdiction, based upon provisions in the UN Charter and the Convention on Privileges and Immunities of the UN. While state immunity has evolved over recent decades, allowing restrictive immunity that distinguishes between acts jure imperii and those jure gestionis, questions have arisen as to whether that doctrine applies to international organizations and, specifically, the UN. The counterbalance to the UN’s absolute immunity is the requirement that it provide alternative mechanisms for resolving disputes. This raises concerns about accountability and internal review. Case law from various courts demonstrates an increasing willingness to attempt to challenge absolute immunity on the basis that the bar to jurisdiction violates claimants’ rights to access a court and to a remedy. In all of those cases, individuals’ ability to access alternative mechanisms for dispute resolution has been used to show that their rights have been realized. Recent events concerning the 2010 cholera outbreak in Haiti may lead to a challenge to the UN’s absolute immunity. The UN has deemed those claims to be ‘not receivable’, which denies the claimants their rights to access a court and to a remedy. In October 2013, lawyers for the Haiti cholera victims filed a class action in the Southern District of New York, seeking to challenge the UN’s immunity by bringing the Organization before a national court. This article explores whether the events in Haiti may provide the first successful, human rights-based challenge to the UN’s absolute immunity.
Click HERE for the full paper.