EXPLAINER: Can the United Nations be sued by any country or individual?

The minister threatened legal action if the international organisation did not provide her ministry with the required records by November 15 at the latest.Advertisement

The UN legal counsel said the organisation and the individual defendants — with respect to acts performed by them in their official capacity — are immune from all legal processes under international and United States law. Article 104 of the UN Charter also states: “The Organization shall enjoy in the territory of each of its Members such legal capacity as may be necessary for the exercise of its functions and the fulfilment of its purposes.” Article 105 further buttresses the point.There are also several notable court decisions where suits instituted against the UN were dismissed.

Representatives of member states to any of those bodies, staff of the UN and any individuals serving on those bodies in a personal capacity are also immune from every form of legal process in respect of their official functions, as representatives, officials or experts on mission, as the case may be.Although the UN has a legal personality that gives it the ability to sue, it cannot be sued.

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