The Privileges and Immunities of the United Nations: The Host Nation's Duty to Accord; The Organization's Duty to Enforce

Abstract

This thesis examines the various privileges and immunities provisions upon which the United Nations is entitled to rely, with respect to its presence in the territory of a Member State of the Organization. It examines these provisions in the context of the United Nations peacekeeping operation in the Former Yugoslavia. The author concludes that host nations are not meeting their obligations, and that the United Nations is not meeting its obligation to enforce the privileges and immunities to which it is entitled. The author argues that the United Nations must enforce its privilege and immunity rights more vigorously; the Model Status of Forces Agreement adopted by the General Assembly in October 1990 must be rescinded; and steps must be taken to adopt a new more encompassing convention that will be a clear definition of host authority obligations in all circumstances, and will provide a mechanism for enforcing those obligations.

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Document Details

Document Type
Technical Report
Publication Date
Apr 01, 1995
Accession Number
ADA456651

Entities

People

  • Margaret-ann F. Macdonald

Organizations

  • The Judge Advocate General's Legal Center and School

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