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004- Reparation for Injuries Suffered in the Service of the UN

Following the assassinations of some members of the UN delegation in Palestine, the International Court of Justice (ICJ) was called upon to rule on the ability or not for the International Institutions (in this case the United Nations) to bring an action for compensation for the damage suffered by the Organization and the victims.

In its Advisory Opinion dated April 4th, 1949, the Court considered that, as a legal person with legal personality and attributes, the United Nations was not only entitled to bring any international action for compensation for the damage it had suffered, but that it could also claim compensation for the damage suffered by the victim and/or his or her beneficiaries. This breach of the usual mechanisms of diplomatic protection is explained by the fact that these attributes are necessary for the accomplishment of the UN’s mission.

Advisory Opinion of 11-04-1949.pdf

This summary is provided for informational purposes only, does not involve the responsibility of Dome and should in no way be used as a substitute for a careful reading of the judgment and order of the case.