INTRODUCTORY NOTE TO BRZAK V. UNITED NATIONS (2D CIR.) AND MOTHERS OF SREBRENICA V. NETHERLANDS & UNITED NATIONS (NETH. APP. CT.)

摘要

These two domestic civil cases, decided at the appellate level, touch upon important questions concerning the interpretation and application of various instruments relating to the privileges and immunities of the United Nations (UN) and its officials, in particular the 1946 Convention on Privileges and Immunities of the United Nations ("General Convention"), Convention on Privileges and Immunities of the United Nations, Feb. 13, 1946, 21 U.S.T 1418, to which both the United States and the Netherlands are parties. In both cases, the courts upheld the immunity of the UN from legal process. In Brzak, the U.S. court also upheld the immunity of former UN officials who were defendants in that case. However, both cases are subject to appeal, and certain aspects of the judgments warrant attention.