Legal personality of international organizations

Science Pancakesandbonk August 7, 2016 0 17
The United Nations is one of the largest international organizations in the world. Its main task is to monitor the peace and security in the world. Employees of such international organizations dare their lives every day for that purpose. Would such employee during the execution of his duty injured or even killed, the UN can then file a claim and the victim can do this? This question, which harks back to the legal personality of international organizations, the World Court had to answer in a 1949 advisory opinion.

The assassination of Folke Bernadotte

The task of the International Court of Justice adjudicate legal disputes between states. Also gives advice upon request to the United Nations General Assembly, the Security Council about the UN and other international affiliates. So ?? s advice is called an advisory opinion. In early 1949 the UN so ?? s advisory opinion, which has become known under the name of Reparation for Injuries Suffered in the Service of the United Nations. The immediate cause for this was the following.
Folke Bernadotte was a Swedish diplomat. In 1947 he was appointed by the United Nations mediator for Palestine, then a trust territory of the UN. After initial successes, he was assassinated in September 1948 in Jerusalem by a terrorist organization with a Zionist agenda. The reason would be that he was too pro-Palestinian. The perpetrators are convicted in Israel but were immediately pardoned and released. One of them is even elected shortly afterwards in the Knesset.
The murder by the Security Council condemned the next day as a cowardly terrorist act. The Swedish government suspected involvement of the Israeli government has also expressed this. It was for Sweden even a reason to try to prevent the accession of Israel to the UN.

Legal personality of international organizations

This event raised the question whether the UN opened the possibility to incur in the event that one of its employees to make a damage claim amounts to a government that is responsible, and if so ?? s government may then be held to compensation pay to the UN, to the victim or his or her dependents. These questions were submitted to the ICJ.
The ICJ starts here with the observation that states have such an option for sure, but it is questionable whether international organizations, this option also. This question actually relates to whether an international organization like the UN just as states have international legal personality. To answer this question it must first be examined whether - in the case of the UN - the UN Charter gives results in about literal wording. That was not the case here. Therefore, it focuses on the intention behind it. What role and opportunities, the Charter intended to give the UN?
It is in this case has a broad organization with various organs and the practice has shown that the UN even such a position that tasks independently of the Member States. While performing these tasks, the UN moves continuously between all entities that have international legal personality, namely states. It is also the conclusion of the ICJ that it was intended and now the practice is that the UN has rights and obligations fulfilled that demand a high degree of international legal personality. Without which it could not fulfill its duties.
That conclusion does not mean that the UN has the same status as states, but it does mean that it is a subject of international law and that it therefore also has the right to bring in claims against states. This not only has implications for the UN. It also means that other international organizations also have legal personality.

Result: the right to make a claim?

The next question is whether it has the right to bring the type of claim refers to as where was in this context means any claim for compensation in case one of its employees incur damage during the performance of his duties. This question is confirmed answered. According to the ICJ can be no doubt that the UN has the right to bring a claim against one of its members when the organization damage caused by the breach of its obligations in relation to the organization.
The second part of the question is whether such a claim can be filed in the name of the victim. The only practice where a little can be compared to that when a diplomat exercising his functions, it obtains diplomatic protection. The staff where this is however no diplomats of a state. But the ICJ concludes that so long damage is the result of a breach of a legal obligation by a State against the UN, this also has the right to bring a claim. This is because the UN otherwise impossible tasks can perform are assigned by the Charter.

What if it comes to non-Member States?

That leaves one last question about it. The previously discussed matter is applicable to the claim for damages of UN member states. What if it ?? such as in the case of Bernadotte and Israel ?? These are non-Member States? Can international organizations like the UN, therefore, appeal to them? Yes you can judge the ICJ. Normally applicable international legal personality of an international organization alone in front of international law which implied the legal entity or have explicitly recognized. Since the UN, most of the states in the world can be represented, however, stated that the objective legal personality and not just a legal personality that is dependent on recognition of individual states.
Thus, so all the questions of the UN in the affirmative to the Court. The main rule of law it can be deduced is that the UN, under the powers conferred legal personality and thus is entitled to file international claims on behalf of its employees. This finding also has implications for other international organizations.