1949

ICJ

Reparations for injuries suffered in the service of the UN Advisory Opinion

Count Bernadotte, a Swedish national, was assassinated in Jerusalem, city in Israeli possession. Israel was admitted to the UN after the opinion. GA asked ICJ whether UN had as an organisation the capacity to bring an international claim against the responsible de jure or de facto government with a view to obtaining reparation caused to a) UN b) to the victim or persons entitled through him In the event of an affirmative reply to Ib), how is action by UN to be reconciled with such rights as may be possessed by the State of which the victim is a national? Damage results from a failure by the state to perform obligations of which the purpose is to protect the agents of the organization in the performance of their duties Resolution Does the organisation possess international personality? The Charter does not settle this question. Subjects of law in any legal system are not necessarily identical in their nature or in the extent of their rights, and their nature depends upon the needs of the community.

The development of IL is influenced by the requirements of international life, this development culminated in the establishment of the UN whose purposes and principles are specified in the Charter, to achieve its ends the attribution of international personality is indispensable. Rights and duties of UN depend upon its purposes and functions as specified or implied in the constituent document and developed in practice. Diplomatic protection rest on two bases: 1: defendant state has broken an international obligation towards the national state in respect of its nationals, and 2: only the party to whom an international obligation is due can bring a claim in respect of its breach. Nationality of claims rule gives no reason against recognising UN has the right to bring a claim. There is a concurrent right of UN and national state, based on different grounds, to bring a claim, but the defendant state is not compelled to pay damage twice. To ensure efficient and independent performance of these missions and to afford effective support to its agents, the UN must provide them with adequate protection In claiming reparation based on the injury suffered by its agents the UN does not represent the agent, but is asserting its own right The UN has those powers, which, though not expressly provided in the Charter, are conferred upon it by necessary implication as being essential to the performance of its duties. UN can bring an international claim against members and even not members of UN, 50 states had the power to bring into being an entity possessing Objective international personality.