Institute for Justice and Democracy in Haiti

UN Immunity Continues to Be Questioned by Legal Experts

In the Questions of International Law journal, three legal experts continue to analyze and question UN immunity in the Haiti cholera case. In one paper, Rosa Freedman and Nicolas Lemay-Hebert argue that UN immunity ought not only to be dealt with by reference to the CPIUN but that it needs to be interpreted within the broader context of international human rights law. This means that in the cholera case, UN immunity should not be upheld as it prevents the victims from their rights to access court and a remedy. In the other paper, Riccardo Pavloni focuses on both the extent of the UN’s third-party liability for acts of a private law nature, and the repercussions of not fulfilling that liability on the jurisdictional immunity of the UN in domestic courts. Both articles conclude that UN immunity needs to be reevaluated and a “balanced solution” […]

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