International Organisations and Immunity from Domestic Courts: A Question of Accountability
UPSC Relevance
Prelims: International Relations (International Organisations - IOs, UN, International Court of Justice - ICJ, Headquarters Agreements); Indian Polity (Role of Judiciary, Principles of Natural Justice).
Mains:
General Studies Paper 2 (Polity & International Relations): "Important International institutions, agencies and fora—their structure, mandate"; "Structure, organization and functioning of the Judiciary"; "Separation of powers between various organs".
Key Highlights from the News
International Organizations (IOs), like the United Nations, typically receive immunity from the jurisdiction of domestic courts in their host countries.
The fundamental principle behind this immunity is "functional necessity". This means the immunity is essential for the organization to function smoothly without pressure from any single country.
However, the question arises as to what happens if an organization acts unilaterally or discriminates against its own employees.
Especially in employment disputes, courts worldwide are now taking the stance that IOs should not deny justice under the guise of immunity.
For an IO to claim immunity from a domestic court, it must have provided its employees with an effective, independent, and impartial alternative remedy for resolving grievances.
The new legal trend is that if such an alternative mechanism does not exist, or if it is merely on paper, the courts of the host country can hear the case.
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