|I.||Substantive International Law - First Part|
|5.||THE UNITED NATIONS|
Difference relating to Immunity
from Legal Process of a Special Rapporteur
of the Commission on Human Rights,
Advisory Opinion of 29 April 1999,
I.C.J. Reports 1999, p. 62
[pp. 88-89] 66. Finally, the Court wishes to point out that the
question of immunity from legal process is distinct from the issue of
compensation for any damages incurred as a result of acts performed by the
United Nations or by its agents acting in their official capacity.
The United Nations may be required to bear responsibility for the damage arising from such acts. However, as is clear from Article VIII, Section 29, of the General Convention, any such Claims against the United Nations shall not be dealt with by national Courts but shall be settled in accordance with the appropriate modes of settlement that "[t]he United Nations shall make provisions for" pursuant to Section 29.
Furthermore, it need hardly be said that all agents of the United Nations, in whatever official capacity they act, must take care not to exceed the scope of their functions, and should so comport themselves as to avoid Claims against the United Nations.