When Immunity Becomes Impunity

Abstract

After a United Nations peacekeeping mission introduced cholera to Haiti in 2010, victims have struggled for over a decade to obtain remedies from the UN. Their experiences have exposed the extraordinary barriers to justice faced by civilians who suffer injuries caused by UN operations. While the UN has enjoyed absolute immunity from suit in courts where personal injury claims are typically heard, the UN is required to provide civilians harmed by its operations with alternative avenues to seek redress. In practice, however, the UN’s process for resolving such third-party claims is opaque and difficult to access, and allows the UN to be the final arbiter of its own responsibility. Particularly troubling are recent mass tort cases where financial and political interests have improperly influenced the claims process to deny remedies. This article draws on personal insights gained from advocating for victims of cholera for the past ten years, as well as the parallel experiences of Roma, Ashkali, and Egyptian victims who brought claims against the UN for lead poisoning in Kosovo. The article identifies systemic weaknesses in the UN’s third-party claims process and proposes four key reforms to bring the organization’s practice in line with its legal and moral obligations.