IMMUNITET JURYSDYKCYJNY ORGANIZACJI MIĘDZYNARODOWYCH A IMMUNITET ICH FUNKCJONARIUSZY
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Date
2007
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Wydział Prawa i Administracji UAM
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IMMUNITY OF AN INTERNATIONAL ORGANIZATION VERSUS THE IMMUNITY OF ITS OFFICIALS
Abstract
International organizations play a very important role in the modern society. To ensure their
proper functioning on the level of domestic law, they are granted various privileges and immunities
which are included in different sources o f international law. However, it is not undisputable whether
international customary law has been developed in this area.
The legal form o f the immunity performs the key role in defending the organization’s rights before
national courts. Contrary to state immunity, immunity o f international organizations has a wider
scope. Many authors do not agree with this interpretation and are of the opinion that it needs to be
restricted in some way. Furthermore, in certain specific situations, for example when a person has
suffered damage from the organization and an alternative settlement of the dispute is not available,
human rights, and in particular the right of access to courts, may be infringed.
Sometimes it may be easier to sue officials of international organizations rather than the
organization itself because the immunity that protects them is strictly functional. However, it is still
difficult to draw a clear line between their official and non-official acts. The legal situation of those
who work for international organizations in Polish law is rather complicated and not always
consistent with international regulations. This may cause various problems in the interpretation of
the applicable law. It is worth mentioning that in numerous cases it is not possible to apply the
reciprocity rule to the relations between a state and an international organization.
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Ruch Prawniczy, Ekonomiczny i Socjologiczny 69, 2007, z. 3, s. 43-56.