Immunity of International Organizationsand the Right of Access to Justice for Individuals

University essay from Uppsala universitet/Juridiska institutionen

Abstract: International Organizations are a growing force in the global arena. While themandate and influence of the UN has increased over the last decades, the existinglegal regime regarding privileges and immunities remain the same as they were atthe founding of the organization. This has led to mass tort claims towards the UN,stemming from damages caused by the organizations. These damages often consistof human rights violations, something the organization is generally regarded as aprotector of, rather than violator.As individuals seek to obtain reparations and remedies for the damages inflictedupon them, they are generally obstructed by the claim for immunity by theinternational organization. This constitutes a conflict of competing interests thatthe domestic courts must address and solve. This conflict is central to my thesis,as I will discover how this issue has been tackled by the national as well asinternational courts, and which consequences the current legal practice has for theindividuals. The thesis concludes with a discussion on what needs to be done inorder to bridge the current accountability gap created by the immunity ofinternational organizations.

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