Advisory Opinion 1949 - Reparations PDF

Preview

Summary

Public International Law case summaries...

Description

Advisory Opinion, 1949 (Reparations for Injuries Suffered in Service to the UN) Summary & Issues: The UN General Assembly referred to the ICJ for guidance with regard to seeking reparations, as a consequence of the assassination of Swedish Diplomat & UN Mediator, Count Folke Bernadotte. The issues that arose were: - Did the UN have the capacity to make an international claim demanding reparations from Israel, as the state responsible for injuries inflicted upon UN agents in the course of their duties? - What status did the UN have in 1948, in relation to that of sovereign States and legal personality? Background: A highly accomplished Swedish diplomat, Count Folke Bernadotte, was appointed by the UN to mediate in the Arab-Israel conflict. His plans were not well received by Israeli extremists, which resulted in his assassination by the Jewish group, LEHI. This prompted action from the UN in order to improve security and prevent a reoccurrence of this incident. The UN sought to utilise the avenue available to sovereign states, extracting reparations from the state responsible for the injuries caused. In essence, the UN General Assembly asked of the ICJ whether the UN could make an international claim against Israel as the responsible government for the death of Count Bernadotte. To answer this question and make a recommendation, the ICJ would have to determine whether the UN possessed a legal personality under international law as an organisation, and not as a state. Judgment: The ICJ identified that subjects of international law “are not identical in their nature or in the extent of their rights, and their nature depends on the need of the community.” After an assessment of the principles & purposes imposed upon the UN by the Charter, the Court determined that the UN possessed an international legal personality, as “to achieve these ends the attribution of international personality is indispensable”....