This paper critically examines the absolute immunity granted to the United Nations (UN) and other international organizations, particularly about human rights violations and tort claims under the Alien Tort Statute (ATS). Using the 2010 cholera outbreak in Haiti—traced to Nepalese UN peacekeepers—as a case study, the paper argues that the International Organization’s claim to absolute immunity is incompatible with both U.S. domestic law and customary international law. This paper (Part I) contends that the right to an effective remedy is a deeply embedded principle of American legal tradition and that granting the UN absolute immunity violates the Fifth Amendment’s due process protections. Part I concludes that the UN’s invocation of immunity, particularly in cases like the Haitian cholera outbreak, conflicts with its foundational principles and violates both international law and American constitutional traditions, setting a dangerous precedent that undermines the rule of law and denies victims their right to justice. Part II will extend this argument by asserting that the right to an effective remedy is a well-established norm of customary international law.
| Mualliflar | Miraziz Khidoyatov |
|---|---|
| Jurnal | Xalqaro munosabatlar |
| Nashr sanasi | 2025-01-01 |
| Jild | 111 |
| Son | 111 |
| Betlar | 1-3 |
| Til | en |
| DOI | 10.63407/611008 |
DOI: 10.63407/611008 · Maqolaning asl sahifasi · PDF
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