The United Nations’ Obligation to Provide Access to Remedies to Third-Party Claimants Under International Law

Abstract

The perceived impunity of the United Nations peacekeeping missions has been the subject of numerous reports and studies. These studies are in agreement that the legal accountability of the UN is strongly challenged by the UN’s absolute immunity coupled with a lack of or inadequate alternative dispute resolution mechanisms. This situation has led to what is referred to as a ‘remedy gap’ whereby third-party claims against the UN are extinguished due to a lack of forum with jurisdiction over the UN. This article is a study into the second component of the remedy gap, namely, the lack of or inadequate alternative dispute resolution mechanisms. This is a study on the underlying obligation to provide access to remedies as a potential component of the remedy gap. It seeks to assess the legal framework of the UN’s obligation to provide access to remedies and the scope thereof. This is to establish whether the lack of or shortfalls of the UN’s alternative dispute resolution mechanisms are imputable to an inadequate legal framework which does not provide sufficient legal tools to ensure the suitable adjudication of claims or whether the issue lies in the implementation phase through the UN’s policies and practice. In essence, this article seeks to determine the basic rules that form part of the UN’s obligation to provide access to remedies. This is done through a comprehensive analysis of all the possible sources of this obligation to determine its scope.