Reparation for injuries incurred in the service of the United Nations

III. RESOLUTIONS ADOPTED ON THE REPORTS OF THE SIXTH COMMITTEE
258. Reparation for injuries incurred in the service of the United Nations

Whereas the series of tragic events which have lately befallen agents of the United Nations engaged in the performance of their duties raises, with greater urgency than ever, the question of the arrangements to be made by the United Nations with a view to ensuring to its agents the fullest measures of protection in the future and ensuring that reparation be made for the injuries suffered,[1] and Whereas it is highly desirable that the Secretary General should be able to act, without question, as efficaciously as possible with a view to obtaining any reparation due, The General Assembly Decides to submit the following legal questions to the International Court of Justice for an advisory opinion:

"I. In the event of an agent of the United Nations in the performance of his duties suffering injury in circumstances involving the responsibility of a State, has the United Nations, as an Organization, the capacity to bring an international claim against the responsible de jure or de facto Government with a view to obtaining the reparation due in respect of the damage caused (a) to the United Nations, (b) to the victim or to persons entitled through him?

"II. In the event of an affirmative reply on point I (b), how is action by the United Nations to be reconciled with such rights as may be possessed by the State of which the victim is a national?"

Instructs the Secretary-General, after the Court has given its opinion, to prepare proposals in the light of that opinion, and to submit them to the General Assembly at its next regular session. Hundred and sixty-ninth plenary meeting,
3 December 1948.


[1] See document A/674.
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