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Reparation for Injuries Suffered in the Service of the United

Nations

OVERVIEW OF THE CASE

As a consequence of the assassination in September 1948, in Jerusalem, of Count

Folke Bernadotte, the United Nations Mediator in Palestine, and other members
of the United Nations Mission to Palestine, the General Assembly asked the
Court whether the United Nations had the capacity to bring an international claim
against the State responsible with a view to obtaining reparation for damage
caused to the Organization and to the victim. If this question were answered in the
affirmative, it was further asked in what manner the action taken by the United
Nations could be reconciled with such rights as might be possessed by the State
of which the victim was a national. In its Advisory Opinion of 11 April 1949, the
Court held that the Organization was intended to exercise functions and rights
which could only be explained on the basis of the possession of a large measure
of international personality and the capacity to operate upon the international
plane. It followed that the Organization had the capacity to bring a claim and to
give it the character of an international action for reparation for the damage that
had been caused to it. The Court further declared that the Organization can claim
reparation not only in respect of damage caused to itself, but also in respect of
damage suffered by the victim or persons entitled through him. Although,
according to the traditional rule, diplomatic protection had to be exercised by the
national State, the Organization should be regarded in international law as
possessing the powers which, even if they are not expressly stated in the Charter,
are conferred upon the Organization as being essential to the discharge of its

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 functions. The Organization may require to entrust its agents with important
missions in disturbed parts of the world. In such cases, it is necessary that the
agents should receive suitable support and protection. The Court therefore found
that the Organization has the capacity to claim appropriate reparation, including
also reparation for damage suffered by the victim or by persons entitled through
him. The risk of possible competition between the Organization and the victim’s
national State could be eliminated either by means of a general convention or by a
particular agreement in any individual case.

This overview is provided for information only and in no way involves the responsibility of the
Court.

REQUEST FOR ADVISORY OPINION

Request for Advisory Opinion (including the dossier of documents

transmitted to the Court pursuant to article 65, paragraph 2 of the Statute)
7 December 1948
Request for Advisory Opinion (including the dossier of documents transmitted to the Court pursuant to article 65,
paragraph 2 of the Statute)
Available in:

English French

WRITTEN PROCEEDINGS

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 Written Statements
28 December 1948
Available in:

English French

ORAL PROCEEDINGS

Verbatim record 1949

(bilingual version)

Pleadings, Public Sittings held at the Peace Palace, The Hague, on March 7th, 8th and 9th and April 11th, 1949, the
President, M. Basdevant, presiding
Available in:

Original Language

ORDERS

Order of 11 December 1948

Fixing of time-limit: Written Statements
Available in:

English French Bilingual

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 ADVISORY OPINIONS

Advisory Opinion of 11 April 1949

Available in:

English French Bilingual

Individual Opinion by M. Alvarez (translation) English French Bilingual

Individual Opinion by M. Azevedo (translation) English French Bilingual

Dissenting Opinion by Judge Hackworth English French Bilingual

Dissenting Opinion by Judge Badawi Pacha (translation) English French Bilingual

Dissenting Opinion by M. Krylov (translation) English French Bilingual

SUMMARIES OF JUDGMENTS AND ORDERS

Summary 1949/2
Summary of the Advisory Opinion of 11 April 1949
Available in:

English French

PRESS RELEASES

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 Press release 1949/6
1 March 1949
Reparation for injuries suffered in the service of the United Nations - The public hearings will begin on 7 March 1949
Available in:

English French

Press release 1949/7

2 March 1949
Reparation for injuries suffered in the service of the United Nations - List of the governments who have presented
written observations
Available in:

English French

Press release 1949/10

7 April 1949
Reparation for injuries suffered in the service of the United Nations - The Court will give its Advisory Opinion on 11
April 1949
Available in:

English French

Press release 1949/12

11 April 1949
Reparation for injuries suffered in the service of the United Nations - Advisory Opinion of the Court of 11 April 1949
Available in:

English French

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 CORRESPONDENCE

Correspondence
4 December 1948
Correspondence
Available in:

English French

 Cases  Previous  Next

Overview of the case

Request for Advisory Opinion

Written proceedings

Oral proceedings

Orders

Advisory opinions

Summaries of Judgments and Orders

Press releases

Correspondence

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