SECRETARY-GENERAL EXPRESSES GREAT SATISFACTION OVER ICJ ADVISORY OPINION ON IMMUNITY ISSUE OF HUMAN RIGHTS COMMISSION'S SPECIAL RAPPORTEUR
Press Release
SG/SM/6974
ICJ/570
SECRETARY-GENERAL EXPRESSES GREAT SATISFACTION OVER ICJ ADVISORY OPINION ON IMMUNITY ISSUE OF HUMAN RIGHTS COMMISSION'S SPECIAL RAPPORTEUR
19990429 The following statement -- on the Advisory Opinion by the International Court of Justice (ICJ) on the case concerning the Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights, Param Cumaraswamy -- was issued today by the Spokesman for Secretary- General Kofi Annan.The Secretary-General expresses great satisfaction with the Advisory Opinion which has emphasized the importance of respect for the privileges and immunities of United Nations agents who are called upon to perform tasks for the Organization worldwide. The Opinion ensures that those called upon to perform those tasks will be protected in the performance of their mandate.
The Secretary-General hopes that the difference between the Government of Malaysia and the Organization will now be settled in accordance with the Opinion.
Summary of the Advisory Opinion by the ICJ:
-- The ICJ emphasized the "pivotal role" of the Secretary-General in assessing whether agents of the United Nations, including experts on mission, are acting within the scope of their functions and that the Secretary-General discharged that responsibility and correctly found that Mr. Cumaraswamy was entitled to immunity in respect of the words spoken by him and published in International Commercial Litigation.
-- The ICJ then turned to the legal obligations of Malaysia when informed of the Secretary-General's decision. The ICJ held that such a finding by the Secretary-General "creates a presumption of immunity which can only be set aside for the most compelling reasons and is thus to be given the greatest weight by national courts". The ICJ thus found that the Government of Malaysia breached its obligations under the Convention by not informing the national courts of the finding made by the Secretary-General and because the Government did not transmit those written findings to the courts.
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-- The ICJ also held that national courts are under an obligation to deal expeditiously with issues of immunity and held that the Malaysian courts did not do this "thereby nullifying the existence of immunity". As courts are organs of the State, the ICJ concluded that Malaysia did not act in accordance with its obligations under international law.
-- The ICJ held the Mr. Cumaraswamy must be held financially harmless from any costs imposed upon him by the Malaysian Courts, in particular taxed costs.
-- The ICJ held that its opinion is decisive under Section 30 of the Convention as it is the mechanism to settle differences between the Organization and a State and that Malaysia thus must communicate the Opinion to its courts in order that Malaysia's legal obligations can be respected and so that Mr. Cumaraswamy's immunity can be respected.
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