Blog

Agreement on Privileges and Immunities of the United Nations

(f) the same immunities and facilities in respect of their personal baggage as those accorded to diplomatic envoys, and also; Section 10. The United Nations has the right to use codes and to send and receive correspondence by mail or in bags that have the same immunities and privileges as diplomatic couriers and bags. The privileges and immunities accorded to the United Nations are necessary for the Organization to fulfil its mandate to maintain peace and security, to protect human rights and the rule of law and to resolve the economic, social, cultural and humanitarian problems of the world`s poor citizens. The drafters of the Charter of the United Nations recognized that the Organization would not be able to carry out its tasks effectively if it were subject to the legal responsibility and interference of Governments seeking to prevent the United Nations and its staff from carrying out its work. Yes. The Charter of the United Nations granted privileges and immunities to the Organization and its staff, and subsequent international treaties created binding legal obligations for States Members of the United Nations to respect those privileges and immunities. [1] These obligations are sometimes incorporated into the local laws of certain countries, such as the United States. There are also other obligations arising from bipartite or “bilateral” agreements that the United Nations signs with individual countries hosting United Nations offices or missions, or with countries that contribute troops to United Nations peacekeeping operations. [2] Article 30. The Secretary-General and the Government of the United States of America shall govern, by mutual agreement, the channel or channels through which correspondence is exchanged on the implementation of the provisions of this Convention and on other matters relating to the Area. At the request of the Secretary-General, the Government of the United States of America shall appoint a Special Representative to liaise with the Secretary-General.

(g) other privileges, immunities and facilities which are not inconsistent with the foregoing and enjoyed by diplomatic envoys, except that they are not entitled to exemption from customs duties on imported goods (except in the case of their personal baggage) or to excise duties or sales taxes. Section 39. Any difference between the United Nations and the Government of the United States of America as to the interpretation or application of this Convention or of any Additional Agreement or Arrangement not settled by negotiation shall be submitted to arbitration by an arbitrator appointed for that purpose by the President of the International Court of Justice. Section 22. Experts (with the exception of staff members falling within the scope of article V) who carry out missions for the United Nations shall be accorded the privileges and immunities necessary for the independent exercise of their functions during the duration of their mission, including time devoted to travel related to their missions. They shall be granted, inter alia: 2. The General Assembly shall decide that the question of the privileges and immunities of the Court shall be considered as soon as possible after receipt of the recommendations of the Court. Article 105 of the Charter provides that “the legal status of the specialized inter-American institutions and the privileges and immunities accorded to them, their staff and officials of the Pan American Union shall in any event be determined by agreements between the respective organizations and the Governments concerned”.

Article 13[edit] Delegations of Member States shall be granted privileges and immunities in order to ensure the independent performance of their tasks vis-à-vis the Organization. Accordingly, each Member State shall waive such privileges and immunities in any event where the exercise of those privileges would preclude, at its sole discretion, a legal remedy and where such a waiver may be without prejudice to the purposes for which they were granted. Section 21. The United Nations shall cooperate at all times with the competent authorities of Members to facilitate the proper administration of justice, ensure compliance with police regulations and prevent any abuse of the privileges, immunities and facilities referred to in this Article. Section 38. If the headquarters of the United Nations is withdrawn from the territory of the United States of America, the Government of the United States of America shall pay to the United Nations an equitable amount for the land located in the Area and for all buildings and installations therein. An expert appointed by the President of the International Court of Justice shall decide, in the absence of agreement between the parties, on the appropriate amount, taking into account the United Nations, and United Nations personnel shall enjoy special privileges in the countries in which they carry on their activities, which may include exemption from payment of taxes or special visa arrangements. They also enjoy immunity from legal proceedings, such as. B immunity from cooperation with law enforcement authorities and, in certain cases, immunity from arrest or trial.

Section 14. Privileges and immunities are granted to the representatives of members not for the personal benefit of the individuals themselves, but to ensure the independence of their functions from the United Nations. Therefore, a Member not only has the right, but is also obliged, to waive the immunity of his representative in all cases where the Member considers that immunity would impede the course of justice and may be waived without prejudice to the purpose for which immunity is granted. (e) To be accorded the same privileges with regard to exchange opportunities as those granted to officials of comparable ranks who are part of diplomatic missions to the Government concerned; Section 32 Until the Government of the United States of America becomes a party to the General Convention on the Privileges and Immunities of the United Nations, the provisions of annex II shall apply between the United Nations and the Government of the United States of America. Thereafter, these provisions shall be replaced by the provisions of the General Convention, which shall remain in force for as long as this Convention remains in force. 4. Any agreement that is not exclusively a fixed-term agreement with the competent authorities of the United States resulting from these negotiations shall be subject to the approval of the General Assembly before being signed on behalf of the United Nations. Section 14. Without prejudice to the provisions of annex II and subsequently to the comprehensive convention referred to in article 32 on the immunity of officials and representatives of Members of the United Nations, the United Nations shall not permit the area to become a place of refuge, including for persons who escape arrest under the law of the United States of America or who are held by the Government of the United States of America.

are. the United States of America for extradition to another country or for persons who wish to avoid service of judicial proceedings. 1. In order to ensure that the International Court of Justice enjoys, in the country in which it has its seat and elsewhere, the privileges, immunities and facilities necessary for the exercise of its functions and the achievement of its objectives, the Members of the Court request, at their first session, that this question be considered and that the Secretary-General be informed of their recommendations. The Convention on the Privileges and Immunities of the United Nations, adopted by the General Assembly of the United Nations in New York on 13 February 1946 and sometimes referred to as the New York Convention, defines and clarifies many questions relating to the status of the United Nations, its property and officials with regard to privileges and immunities, which must be granted to them by their Member States. As of February 2016[Update], it had been ratified by 162 of the 193 UN member states. On the 21st. In November 1947, the Convention on the Privileges and Immunities of the Specialized Agencies was adopted by General Assembly resolution 179(II) to extend similar privileges to the specialized agencies of the United Nations. This Convention has been ratified by 127 States. [2] Other bilateral agreements on immunity include the Model Convention on the Status of Armed Forces, the Model Memorandum of Understanding and various headquarters agreements. Section 11.

Representatives of members of principal and subsidiary organs of the United Nations and conferences convened by the United Nations shall enjoy the following privileges and immunities in the performance of their duties and during their journey to and from the place of the meeting: rule 31. To the extent that the implementation of this Convention requires the cooperation and action of a State or other non-federal authority of the United States of America, the Government of the United States shall enter into such agreements as may be necessary for that purpose with such State or authority. The conclusion of such agreements shall be concluded, together with the adoption of all necessary legislation by the United States and the State, prior to the notification to be made by the Government of the United States of America under Article 35 prior to the entry into force of this Convention. Section 28. The provisions of this Article may be applied to comparable officials of specialised agencies where the relational arrangements concluded in accordance with Article 63 of the Charter so provide. Section 19. In addition to the immunities and privileges referred to in article 18, the Secretary-General and all Assistant Secretaries-General shall be accorded the privileges and immunities, immunities and facilities accorded to diplomatic envoys in accordance with international law in respect of them, their spouses and minor children. .