Georges and others v. United Nations, United Nations Stabilization Mission in Haiti, Edmond Mulet, Ban Ki Moon

Georges and other Haitian and United States nationals sued the United Nations and United Nations Stabilization Mission in Haiti (‘MINUSTAH’) for the harm suffered and the death of their relatives as a consequence of the 2010 cholera outbreak in Haiti. following the UN deployment in the country. Before the District Court of the Southern District of New York, they claimed the responsibility of the United Nations, MINUSTAH, the Secretary General of MINUSTAH and the Secretary General of the United Nations for the damages  suffered. The District Court rejected the claim recognizing the immunities of the defendants from the United States jurisdiction.

On appeal, the applicants argued that the immunity of the UN – provided under the Convention on the Privileges and Immunities of the United Nations – depends on the fulfillment of the obligation to provide alternative remedies established under Section 29 of the Convention. They pointed out that the organization cannot enjoy the immunity granted by the Convention since it had failed to provide an alternative mechanism of dispute resolution. They also claimed that the UN immunity affects their constitutional right of access to courts.

The Second Circuit Court of Appeals confirmed the absolute immunity of the United Nations, rejecting the “alternative remedies approach” relied upon by the plaintiffs even though the organization was not in compliance with its obligation to provide an alternative remedy. According to the Court, the interpretation of the relevant conventional provisions– Article 105 of the United Nations Charter and Article II of the Convention on the Privileges and Immunities of the United Nations – confirms that the UN enjoyed immunity from all kind of legal process, and that express waiver of  immunity is the only exception to the organization’s immunity.

As underlined by the Court, this conclusion found further confirmation in the Statement of Interest filed by the Government of the United States to the Court in this case.