Zsuzsanna Deen-Racsmány
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zs-d-r.bsky.social
Zsuzsanna Deen-Racsmány
@zs-d-r.bsky.social
Int’l law, law of int’l orgs incl law of int’l civil service, UN law; (socio-cultural) genocide; PhD (Leiden); independent researcher.
... - a measure intended to influence the SR in the conduct of her professional activities, hence directed against her independence as a UN expert - is a form of immunity necessary for the independent exercise of the functions of an expert on mission, safeguarded under Section 22 of the Convention.
July 12, 2025 at 8:00 PM
... the Status, Basic Rights and Duties of Officials other than Secretariat Officials, and Experts on Mission. Should the SG assert her immunity and demand the US to discontintue violation thereof, the central issue is likely to concern the question whether protection against asset freeze ...
July 12, 2025 at 7:52 PM
... Of course, SR Albanese is must "immediately report the matter to the Secretary-General, who alone may decide whether such privileges and immunities exist and whether they shall be waived, in accordance with the relevant instruments" as per Regulation 1(e) of the Regulations Governing ...
July 12, 2025 at 7:52 PM
… It should also be noted that so far, only the UN High Commissioner for HR appears to have protested the US conduct re SR Albanese, while it is for the UNSG (or the OLA on his behalf) to formally assert the immunity of UN experts on mission (including special rapporteurs). ...
July 12, 2025 at 7:52 PM
… So far, the two relevant precedents (regarding the P&I of ECOSOC SRs Mazilu and Cumaraswamy) have been requested by ECOSOC (under Art 65 ICJ Statute and Sect 30 CPIUN, respectively). …
July 12, 2025 at 6:22 PM
… Here, the General Assembly would be the organ competent to request an advisory opinion (SR Albanese being appointed by the Human Rights Council, an UNGA subsidiary organ). This is bad news, as the Assembly appears to be significantly less inclined to request such opinions than ECOSOC. …
July 12, 2025 at 6:22 PM
… Significantly, Section 30 uses the imperative ‘shall’ (rather than ‘may’), so there is an obligation to submit such disputes to the ICJ, though this admittedly often enough does not happen (e.g. as with IRMCT Judge Akay).
July 12, 2025 at 6:22 PM
… disputes covered by Section 30 of the Convention. So the ICJ may have jurisdiction here. However, Section 30 CPIUN requires that there is a dispute (‘difference’). A relevant difference most likely exists (or will crystallize) between the US and the UN (rather than a specific UN member state). …
July 12, 2025 at 6:22 PM
“The ICJ, the UN's highest court, does not have jurisdiction over the US in contentious inter-state disputes without its consent.”
This is correct, but when becoming a party to the Convention on the Privileges and Immunities of the UN, the US has consented to the Court’s jurisdiction over …
e.g.as
July 12, 2025 at 6:22 PM