PUBLIC INTERNATIONAL LAW

ASSIGNMENT TOPIC: FACTS AND JUDGEMENT OF

REPARATION CASE

SUBMITTED BY: AMINA AAMER

DATE:02/05/21
HAZARA UNIVERSITY LAW DEPARTMENT
 Topic: Reparation for Injuries Suffered in the Service of the United Nation
Type of case: Advisory Proceedings
Date of introduction: 7 Dec 1948
Status of the case: Rendered (Advisory)
States: Belgium , United Kingdom , France , China , United States , India
Institution: ICJ (International Court of Justice)
Applicable treaties: The UN Charter
Background of the Case:
International Court of Justice gave its advisory opinion on 11th April 1949, this advisory
opinion involved unfortunate story of this Mr. Bernadotte. He was an experienced Swedish
diplomat and due to his experiences he was appointed by the United Nations as the
mediator in Palestine, this appointment came after the outbreak of war between Israel and
Arab countries triggered by the declaration of independence by Israel in May 1948. As the
UN mediator, Mr. Bernadotte was sent to Jerusalem in order to fulfil his very difficult
diplomatic task. Unfortunately, however in September 1948 Mr. Bernadotte was shot by an
armed Jewish group. He was in the UN vehicle and he was shot through an open window.
The assassination of Mr. Bernadotte a calls an outcry at the United Nations and the UN
General Assembly has decided to request an advisory opinion from the International Court
of Justice.
Question put forward before the International Court of Justice was the following:
1. Can the UN bring an international claim for damage suffered by the UN?
 Does the UN possess international personality?
 Yes, why?
To achieve the UN’s end.
According to the Court in order to answer this question it is important to decide whether or
not the UN possessed international legal personality and the Court held that yes! the
international United Nations possessed international legal personality. In order for UN to
fulfill its functions to possess international legal personality was indeed indispensable. But
the international Court of Justice reminded that to possess international legal personality
doesn’t mean that the United Nations is the same as a State, the rights and obligations of
state are comprehensive but by contrast the rights and obligations of international United
Nations depends on the purposes and functions specified or implied in the United Nations
Charter. Thus, there is a difference between United Nations as an international organization
and being a state.

 UN as a Legal Personality
 Not the same as a state.
2. How about damage caused to Mr. Bernadotte?
 From the above discussion we can assume that United Nations can indeed bring the
international claim for damage suffered by the United Nations itself but what about the
damage caused to its agent, Mr. Bernadotte? If we look at the provisions of the UN Charter,
it doesn’t say anything about UN capacity to claim damage equals to its agent. However,
International Court of Justice is another option which is the concept of the implied powers.
According to International Court of Justice: The United Nations possessed powers not only
those provided explicitly in the UN Charter but also those powers granted by necessary
implications as being essential to the performance of its duties.
In this case, indeed the capacity to bring a claim for reparation or for damage caused to Mr.
Bernadotte is indeed part of this implied powers. UN needs to protect its agent and to
safeguard its institutional independence, thus in order to protect its agent and to safeguard
its institutional independence United Nations needed to have the international capacity to
claim not only for a damage caused to the organization itself but also its agent.
Claim against a Non-member State? Whether UN is capable to bring a claim against a non-
member state or not? This question was relevant because at that time Israel was not yet a
member of the United Nations. Israel became the member of UN a month after the delivery
of the above advisory opinion of ICJ and the Court held that, yes! indeed UN can bring a
claim against a non-member state and in order to justify its conclusion the International
Court of Justice put forth the notion of objective international personality. At that time, as
many as 50 States were the members of the International community (i-e United Nations)
which at the time represented the vast majority of the members of the international
community. Due to this universality of the membership, international legal personality of
the United Nations should be recognized not only by its member States but also non-
member States as well.
Conclusion:
Thus, the Court gave an affirmative answer to the overall question put forward by the
United Nations General Assembly, so the UN indeed has the capacity to bring an
international claim for damage suffered by UN itself, as well as for damage caused to each
agent Mr. Bernadotte and finally this claim can also be raised invoked not only against UN
member state but also against a non-member state. The reasoning reaching to the
conclusion has had a profound impact on the development of international law especially
international institutional law.