Sadikoğlu v. United Nations Development Programme

Mr Sadikoğlu sued the United Nations Development Programme (UNDP) before the District Court for the Southern District of New York, complaining a breach of contract. UNDP did not appear in the proceeding. However, the Government of the United States filed a statement of interest, asserting that UNDP enjoys in the United States absolute immunity from legal process.

The District Court firstly reminded that applicants have the burden of demonstrating the existence of jurisdiction. In the instant case, the applicant relied on the case of OSS Nokalva, Inc. v. European Space Agency, where the Court of Appeal of the Third Circuit ruled upon an action for breach of contract advanced against the European Space Agency by applying the commercial tort exception under the Foreign States Immunity Act (FSIA). In this case, the Court held that the legal regime on State immunity, laid down in the FSIA, applies to international organizations, since the International Organization Immunity Act (IOIA) provides that international organizations shall enjoy the same immunities recognized to States.

Rejecting the applicant’s arguments, the District Court dismissed the case, finding that UNDP, as a subsidiary organ of the United Nations, is entitled to absolute immunity from legal process, pursuant to Article 105 of the United Nations Charter and the Convention on Privileges and Immunities of the United Nations. Indeed, the Court did not follow the interpretation of the IOIA adopted by the Third Circuit, affirming that “it is an open question in this Circuit whether the IOIA incorporates FSIA’s narrower scope of immunity as against international organizations such as the UN”.

The Court also underlined that the Convention clearly provides the United Nations with absolute immunity from legal process except insofar as it has waived its immunity. The Convention provides no further exceptions or limitations.