The Privileges and Immunities of the United Nations

Abstract

The legal argumentation developed by the United Nations in relation to its privileges and immunities is almost exclusively developed outside the courtroom. Drawing examples in relation to the privileges and immunities applicable to the Organization itself, as well as to its officials, personnel, and contractors, this chapter distinguishes between the legal arguments developed by the United Nations to remind member states of their international obligations and the ones put forward to convince them of the need to adjust the existing legal framework. This chapter identifies the principle of necessity expressed in Article 105 of the Charter of the United Nations and the related Convention on the Privileges and Immunities of the United Nations as the two constants behind the legal argumentation developed by the Organization.