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Title: The Liability of the UN during Peace Operations: Making a Case for Unveiling UN Immunity
Authors: DZEBEN NGALIM Arnold, TAMFUH Wilson NYAKO, Doctor KELESE George NSHOM
Journal: Traditional Journal of Law and Social Sciences (TJLSS)
| Category | From | To |
|---|---|---|
| Y | 2024-10-01 | 2025-12-31 |
Publisher: ARCAITL (SMC-Private) Limited
Country: Pakistan
Year: 2022
Volume: 1
Issue: 1
Language: English
Keywords: responsibilityImmunitypeace operations
The immunities and privileges of the United Nations (UN), its officialsand representatives and its specialized institutions during peaceoperations have always been considered as absolute and beyondresponsibility no matter the level of its actions or omissions, which arein violation of international obligations. The law that however providesfor the privileges and immunities of the UN, also provides for thepossible scheme for the compensation of victims of UN action. However,common practice has it that there is a reliance totally on the saidimmunities and privileges at the detriment of the victim who has validgrounds to be compensated. As a result of this, impunity becomes animminent danger which will affect the victim who genuinely would haveto be compensated for the acts or omissions of the UN. The objective ofthis 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 doctrinalresearch method with the use of qualitative research. The major findingsare that the UN has successfully invoked and used its privileges andimmunities to procure impunity for itself. One of the majorrecommendations is that from the provisions of the UN Charter, theGeneral Convention of 1946, and the United Nations General Assembly(UNGA) Resolution on the Temporal and Financial Limitation of ThirdParty Liabilities should be analyzed to put in place a jurisdictional bodyto hear matters involving the UN and victims of UN peace operations incase the out of court compensation scheme has failed.
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