Immunity of International Organizations in Post-Conflict International Administrations

International Organizations Law Review, Vol. 7, No. 1, pp. 79-119, 2010

27 Pages Posted: 29 Jan 2012

See all articles by Eric De Brabandere

Eric De Brabandere

Leiden University - Grotius Centre for International Legal Studies

Date Written: January, 27 2012

Abstract

The role played by international organisations in international law has evolved in the past decades. However, the continued application of an absolute system of immunities to international organisations has often lead to a perception of impunity , in particular when organizations are involved in the administrations of foreign territories. Even though absolute immunity has been described as an ‘anachronism,’ this article argues that international organisation immunity serves a useful and essential purpose. The grant of privileges and immunities to international organisations is indispensable to allow the organisation to effectively and independently carry out its functions. The functional reflections that lie at the basis of the immunities system of international organisations still are extremely pertinent when organisation exercise administrative duties in place of a state. This articles thus claims that there is a need to maintain immunities in order to preserve institutional autonomy, even when the UN has taken up administrative duties in a state or territory, and suggests that instead of proposing a revision or abolition of the system of immunities, the focus should be placed on the establishment of effective alternative mechanisms to assess alleged violations of the international legal obligations of the organisation.

Keywords: Immunity, accountability, international administrations, post-conflict situations, United Nations

Suggested Citation

De Brabandere, Eric, Immunity of International Organizations in Post-Conflict International Administrations (January, 27 2012). International Organizations Law Review, Vol. 7, No. 1, pp. 79-119, 2010. Available at SSRN: https://ssrn.com/abstract=1993000

Eric De Brabandere (Contact Author)

Leiden University - Grotius Centre for International Legal Studies ( email )

Leiden University Law Faculty
P.O. Box 9520
Leiden, 2300 RA
Netherlands
+31 71 527 7399 (Phone)
+31 71 527 7509 (Fax)

HOME PAGE: http://www.law.leiden.edu/organisation/publiclaw/publicinternationallaw/staff/eric-de-brabandere-.ht

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