The question concerning reparation for injuries suffered in
the service of the United Nations, was reft:rred to the Court
by the General Assembly of the United Nations (Resolution
of the General Assembly dated December 3rd. 1948) in the
following terms:
"I. In the event of an agent of the IJnited Nations in
the performance of his duties suffering .injury in circumstances
involving the responsibility of a State, has the
United Nations, as an Organization, the capacity to bring
an international claim against the responsible de jure or de
facto government with a view to obtaining the reparation
due in respect of the damage caused (a) to the United
Nations, (b) to the victim or to persons entitled through
him?
"11. In the event of an affirmative reply on point I (b),
how is action by the United Nations to be reconciled with
such rights as may be possessed by the State of which the
victim is a national?"
With respect to questions I (a) and I (b), the Court established
a distinction according to whether the responsible
State is a Member or not of the United Nations. The Court
unanimously answered answered question I[ (a) in the affirmative.
On question I (b) the Court was of opinion by 11
votes against 4 that the Organization has the capacity to bring
an international claim whether or not the responsible State is
a Member of the United Nations.
Finally, on point 11, the Court was of opinion by 10 votes
against 5 that when the United Nations as an organization is
bringing a claim for reparation for darnage caused to its
agent, it can only do so by basing its claim upon a breach of
obligations due to itself; respect for this rule 'will usually prevent
a conflict between the action of the United Nations and
such rights as the agent's national State may possess; moreover,
this reconciliation must depend up considerations
applicable to each particular case, and upon agreements to be
made between the Organization and individual States.
The dissenting Judges appended to the Opinion either a
declaration or a statement of the reasons for iwhich they cannot
concur in the Opinion of the Court. lbo other Members
of the Court, while concumng in the Opinion, appended an
additional statement.