- Whether the UN has the capacity to bring such claims of reparation? Whether such claims can be brought against Isolatedland which is not a member of the United Nations?
The case study is based on the two different regions of Europe, one of which is a member of the United Nations and one is not. Here, the issue has been started when the UN mediator has been assassinated by the non-UN state Isolatedland. United Nation is a peacekeeping authority which has been performing in the Global market to ensure that any kinds of disputes and issues can be mitigated. If any disputes occur between the member states, it can be sorted much easily by the UN as the organization has full authority. Similarly, when a wrong is done, or such incidents of assassination take place in the member stated, it becomes much easier for the organization to put their claims of reparations. Therefore, if the assassination would have taken place in the member state of Lalaland, however, the case has not taken place in the state but in the non-member state of Isolatedland. Reparation rights of the UN are mainly subjugated to the states that are abiding by the rules and regulations of the peacekeeping organization. Hence, it is essential to discuss the reparation rules of the UN and all its different areas. The main issue is to identify how the UN authority can provide reparation and punish the Isolated country land for the assassination on the mediator when the country is not a member. Hence, the reparation rules or capacity are mentioned below,
- The UN may take the necessary actions against the violator and wrongdoing state even if the state is not even a member of the UN. The state may not be a member of the international organization or its rules but are required to believe in the existence of the authority. UN is the biggest International organization which is managed and membered by a great number of states. Therefore, the state is not above the reparation rule of the UN.
- On the other hand, it has been observed that if the state is entirely reluctant to face the reparation, the United Nations may conduct series of understanding and discussion so that the particular measures can be taken as mentioned in the Charter.
Thus, it can be said that any wrongdoing taken place in relation to human rights or to the UN personnel in a non-UN member state, falls under the category of reparation. The countries that are part of the membership of the United Nations can face immediate consequences and punishments for the wrongdoings and violation of the rules of the UN. On the other hand, as the case did not take place in a member state, the process and actions may differ to a great extent, but the UN is entitled to take actions against violation of human rights and the assassination of the UN personnel anywhere or any part of the world whether it is under the law of UN or not.
UN can take the state under its radar by tagging it a guilty state and take necessary actions. Such states may face dire consequences in business, and other international affairs as the UN can take oblige the member states that are in connection with the state Isolatedland. The organization UN may have many limitations in this regard as the state is not a member; the ability to punish the state. Thus, it can be stated that the UN right over the state of Isolated is not as absolute as it is for the states like Lalaland which is a member state, yet it the capacity to claim reparation from the guilty country. Being the highest and the most powerful international organization, the Charter of the UN provides it with the opportunity or right to have power over the states which are not even member of the organization but a violator of human rights. In chapter 6 of the Charter of the United Nations, the entire discussion have emphasized on the Pacific Settlement of Disputes. The security council of the United Nations is responsible for managing any disputes. The punishment and actions are considered on the basis of the seriousness of the wrongdoing. In this particular case, the mediator of the UN is a peacekeeping or ensuring personnel, who has been assassinated by the extremist people. Therefore, it is the duty of the UN authority to conduct a probe that will independently investigate and repartee the offender. If the country of Isolatedland does not help in managing the probe or create any issues, then adequate actions according to the Charter would be taken against the state even though it is not a member of the United Nations. Article 11 of chapter 4 of the Charter suggested the way the reparation can be conducted or the peace and security can be kept. It has been observed from the details of the chapter; the general assembly provides the right of security keeping process in the hands of the UN security council which has the power as well as the equipment to manage the operation of conducting peaceful reparation. However, if the state rejects or negate the scope of peaceful restoration and accepting the reparation, it may lead to
- Whether the conduct of the UN peacekeeping troop (UNMIL) could be attributed to the UN? Analyze the situation in the context of the ILC’s draft articles on the responsibility of international organizations. (10 marks) (500 words)
http://www.worldcourts.com/icj/eng/decisions/1949.04.11_reparation_for_injuries.htm
https://www.ohchr.org/en/professionalinterest/pages/remedyandreparation.aspx