PRIVILEGES AND IMMUNITIES

Dr. Osama Hamza

 The Legal Basis

• based on the theory of equality

• supported by the principle of reciprocity,
• and historically reflected Respect for the
principles of national sovereignty of every
state .
 international
organizations privileges
and immunities have
been largely accorded
through treaties and
conventions.
 Why International Organizations Enjoy
Privileges And Immunities

they are necessary for :

fulfillment of their purposes and functions.

the basis of such privileges and immunities is functional ,

organizations are and can expect to be accorded

only those privileges and immunities which are
necessary for that purpose
 Q: Sources Of Privileges And
Immunities Of IOS
• This Question is very important: Answer
• Book (pp 126-134)
• CONVENTIONAL BASES
1- Treaties
A- Constitutional instrument
• The constitutional instrument of almost
every IGO declares at least the basic
principles of the international immunities
of the organization
• The UN Charter provides in Article 105 for the
privileges and immunities of the organization
and its personnel in a very general way. This
article states:
• 1- The Organization shall enjoy in the territory
of each of its Members such privileges and
immunities as are necessary for the fulfillment
of its purposes.
 Because of diversity in
privileges and immunities
system between open and
closed organisation,

Financial institutions are

different. Their most open organizations
constitutions generally have constitutions with
have detailed provisions provisions of a similar
on the subject. general nature.
 In the case of the In the case of the
UN, the UN specialized
Convention of 1946 agencies the
is applicable. This Specialized
convention Agencies
implements Article Convention of 1947
105 of the Charter. is applicable.
b) General agreements

Because the constitutional provisions

relating to immunities are generally
considered to be insufficiently.

the member States, usually acting through

the competent organs of the IGO
concerned, normally formulate a detailed
privileges and immunities agreement..
It should be noted that in
form these agreements
are multilateral
instruments concluded
among some or all of the
member States of an IGO
• (c) Bilateral agreements
If the State concerned is not a party to
the general agreement, the treaty may
make that agreement applicable to the
specific relationship.
1- IGO to its host State,
between which a so-called headquarters
agreement is usually concluded. defines
the premises that constitute the
headquarters seat.
• 2- Conference Agreement
host/guest relationship is to be only a temporary
one, for a particular meeting, then a so-called
conference agreement is concluded.
3- IGO and a non-member State
Bilateral agreements relating to privileges and
immunities may be concluded between an IGO
and a non-member State (e.g. the agreement
defining the privileges and immunities of the UN
in Switzerland)
2. NATIONAL LEGISLATION
• Many States have adopted domestic legislation
defining the privileges and immunities of some or
of all IGOs, or relating to some aspect of their
status.
• Usually such legislation is designed to implement
domestically the international obligations that are
defined by treaty instruments such as Vienna
Convention.
GENERAL INTERNATIONAL .3
LEGAL PRINCIPLES
• when no applicable treaty relationship exists at all
between or relating to an IGO and a State - for example,
if the State is not a member of the organization.
• In some cases, In such instances an IGO may contend
that a particular provision (e.g. absolute immunity for
official acts) of such agreements actually expresses a
generally applicable principle that is in any event
binding on States.
 PRIVILEGES AND IMMUNITIES OF
ORGANIZATIONS (Forms)
• It is a Very important Question
• Book ( pp 135- 140)
PRIVILEGES AND IMMUNITIES OF
ORGANIZATIONS (Forms)

Mainly there are four privilege and

immunities:

1- Immunity from jurisdiction

2- Inviolability of premises and

archives;

3- Privileges relating to currency and

fiscal matters; and

4- freedom of communication
 Immunity From Jurisdiction
• An International Organization Possesses Juridical Personality And
Capacities Of A Body Corporate. It Has, Consequently,
The Capacity:
• - To contract.
• - To acquire and dispose of immovable
and movable property.
• - To institute legal proceedings.
• Section 2 of the UN Convention
provides:

• “ The United Nations, its property and assets wherever located

and by whomsoever held, shall enjoy immunity from every form
of legal process except insofar as in any particular case it
• has expressly waived its immunity. It is, however, understood
that no waiver of immunity shall extend to any measure of
execution”
• 1- Jurisdictional immunity
enjoy full immunity from all types of legal
process, except in so far as they themselves waive such
immunity.
waive is restricted so that it can apply only to a particular
proceeding.

most specialized or – regional development banks or funds

are liable to suit in the courts of any country in which they
carry out certain types of operations.
Inviolability of Property, assets:

• governmental authorities are precluded

from :
• entering IGO premises,
• or from in any way searching, seizing
or interfering with any archives or other
IGO property,
• whether or not on premises and by
whomsoever held
• 3- Premises and archives
• The inviolability of the premises means, as in the case
of inviolability of diplomatic premises, that authorities
of a state, particularly of the host state.
• may not enter the premises without the permission of
the administrative head, even for the purpose of
arresting or serving a writ on an individual.
• Moreover, the concept requires that inviolability be
secured
3- Fiscal immunities:

IGOs are generally free from restrictions on:

the holding, transfer or conversion of any currency or of gold

restrictions placed on certain payments by a donor .

The organizations are also to take into account any
objections by member States against practices damaging to
their interests.
Exempt from all direct taxes and customs duties on their
transactions or property, and also largely from indirect

taxes, excepting public utility fees.

• 4- Exemption from Taxes

The UN Convention provides in Section 7(a) that the

organization, its assets, income and property shall be
exempt from direct taxation, though it is not expected to
claim exemption from taxes which are, in fact, no more than
charges for public utility services.
Direct taxes are those which ultimately fall upon the
organization for payment, the characterization in the
municipal law of a particular state being irrelevant.
• The constitutions of financial institutions have a
provision generally whereby the institution, its assets,
property, income and its operation and transactions
• authorized by the constitution shall be immune from
all taxation and all customs duties and the institution
is not liable for the collection or payment of any tax or
levy
• Facilities in respect of
Communications:
IOS enjoy:
- The non-application of censorship over official communication
or correspondence
- The right to use codes and to dispatch and receive
correspondence by courier or in sealed bags:
- IOS treatment in this regard is similar to that granted by a state
to any other states with regard to priorities, rates and taxes on
means of communication ( such as mails, cables, telegrams,
telephone, telex, facsimile…etc. )