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Mothers of Srebrenica Association and Others v. Netherlands and United Nations

The Netherlands.  13 April 2012 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

International organizations — United Nations — Immunity — Nature of immunity — Whether absolute — Basis and scope of immunity — Whether United Nations entitled to immunity from jurisdiction — Whether Dutch courts competent to hear appellants’ action in so far as directed against United Nations — Conflicting obligations under international agreements — Prevailing obligation — Whether right of access to a court overriding immunity of United Nations — Relevance of seriousness of allegations — Whether entitlement to immunity dependent on existence of alternative means of securing redress — United Nations Charter, 1945, Articles 103 and 105

Treaties — Interpretation — United Nations Charter, 1945, Articles 103 and 105 — Convention on the Privileges and Immunities of the United Nations, 1946, Article II(2) — Vienna Convention on the Law of Treaties, 1969, Article 31 — European Convention on Human Rights, 1950, Article 6 — Conflicting obligations under international agreements — Prevailing obligation — Whether right of access to a court overriding immunity of United Nations — European Convention on Human Rights, 1950, Article 6 — International Covenant on Civil and Political Rights, 1966, Article 14 — Relationship with Article 103 of United Nations Charter, 1945 and Article II(2) of Convention on the Privileges and Immunities of the United Nations, 1946

Human rights — Right of access to a court — European Convention on Human Rights, 1950, Article 6 — International Covenant on Civil and Political Rights, 1966, Article 14 — Whether invocation of United Nations immunity compatible with right of access to courts — Activities of UN under Chapter VII of UN Charter — Relevance of seriousness of allegations — Relationship of United Nations immunity and State immunity with right of access to courts — The law of the Netherlands

Type
Case Report
Copyright
© Cambridge University Press 2015

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