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2nd Issue:

Whether the U.N could claim repair for damage caused to the victim being his agent?

In this context, it is important to remember that U.N is an international personality and is

owed obligations by all the states.
The repair claimed for the victim is in the nature of Diplomatic Protection. However, for
Diplomatic Protection to be ensued, a state has to take cognizance, and not an organization
like U.N. Also, there are accepted exceptions to this when a state may claim reparation for
damage caused to a victim who may not be a national.
Important principles for the existence of diplomatic protection are:
 The Defendant state has broken an obligation towards the national state in respect
of its nationals.
 The party to whom an international obligation is owed can only bring a claim in
respect of its breach.
Thus, in light of these principles and the above discussion that confirms the existence of
these obligations towards U.N, the U.N being an international personality is eligible to bring
a claim. The obligations have been designed to enable the organisation to function, and
since the agents in turn perform a part of their functions, it is rational to accord such
protection to them.
An important principle of law applied by the Permanent Court of International Justice to the
International Labour Organization in its advisory opinion No. 13 of July 23rd, 1926 (Series B.,
No. 13, p. 18), states that “Under international law, the Organization must be deemed to
have those powers which, though not expressly provided in the Charter, are conferred
upon it by necessary implication as being essential to the performance of its duties.”
Similarly, the nature of undertakings of the U.N is such that it is required to deploy its agents
to disturbed places exposing them to extraordinary danger quite different to that of an
ordinary person. Hence, to effectively operate on such missions it is necessary for them to
be shielded with a protection to fall back on. This is referred to as functional protection, as it
aids the U.N to perform its functions.