The Immunity of the UN Staff in the Twenty-First Century: “To Waive It in Order to Preserve It”

Abstract

It is well known that highest UN officials are awarded diplomatic privileges and immunities while the remaining UN staff enjoys so-called functional immunity, immunity from the legal process in respect of words spoken or written and all acts performed by them in their official capacity. These immunities are necessary for the UN staff in order to conduct their tasks and function effectively and freely. However, voices to limit or even revoke those immunities are getting louder with every uninvestigated and unprosecuted misconduct of the UN staff. The Secretary General has a right and duty to waive the immunity of his staff member in appropriate situations, but he rarely resorts to this solution. In this article, the author will analyze the role of the Secretary General in waiving the immunities and privileges of the UN staff, potential implications to the UN of his attitude toward this issue and relation between his immunity to the immunity of the diplomatic staff in the context of UN position in international arena.