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Responsibility for Injuries to United Nations Officials

Published online by Cambridge University Press:  20 April 2017

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Abstract

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Type
Editorial Comment
Copyright
Copyright © American Society of International Law 1949

References

1 Message from Representative of Secretary General to Israeli Foreign Minister, Sept. 17, 1948, Department of State Bulletin, Vol. XIX, No. 482 (Sept. 26, 1948), p. 399.

2 United Nations Bulletin, Oct. 1, 1941, Vol. 5, pp. 756, 763.

3 Ibid., p. 762.

4 Ibid., p. 757.

5 Moore, Digest of International Law, Vol. 4, p. 622 ff.; Vol. 5, p. 514; Hackworth, Digest of International Law, Vol. 4, pp. 507 ff., 708 ff.; Harvard Research Draft Conventions on Diplomatic Privileges and Immunities, Art. 17, and on Legal Position and Functions of Consuls, Art. 15 (a), this Journal, Supp., Vol. 26 (1932), pp. 90 ff., 313 ff.; Clyde Eagleton, “The Responsibility of the State for the Protection of Foreign Officials,” this Journal, Vol. 19 (1925), p. 293; Wright, Q. , Enforcement of International Law (Urbana, 1916), p. 75 Google Scholar ff.; Stowell, E. C., “The Imbrie Incident,” this Journal, Vol. 18 (1924), p. 768 Google Scholar; Arthur, K. Kuhn, , “The Assassination of King Alexander,” this Journal, Vol. 29 (1935), p. 87 Google Scholar.

6 See Geneva Conventions on Terrorism and on an International Criminal Court, Hudson, International Legislation, “Vol. 7, pp. 862, 878; Hudson, , International Tribunals (Washington, 1946), p. 183 Google Scholar; Wright, Q., “The Law of the Nuremberg Trial,” This Journal, Vol. 41 (1947), p. 57 Google Scholar.

7 Moore, Digest of International Law, Vol. 4, p. 352 ff.; Hackworth, Digest of International Law, Vol. 4, p. 45 ff.; Harvard Research Draft Convention on Extradition, Art. 5 (b), this Journal, Supp., Vol. 29 (1935), p. 113 ff.

8 Harvard Research Draft Convention on Responsibility of States for Damages done in their Territory to the Person and Property of Foreigners, Arts. 12, 14, this Journal, Special Supp., Vol. 23 (1929), pp. 193 ff., 196 ff.; Clyde Eagleton, “Responsibility for Damages to Persons and Property of Aliens in Undeclared War,’’ Proceedings, American Society of International Law, 1938, p. 127 ff.; Wright, Q. , “Responsibility for Losses in Shanghai,” this Journal, Vol. 26 (1932), p. 586 Google Scholar ff., and “Legal Problems in the Par Eastern Conflict,” Institute of Pacific Relations, 1941, p. 74 ff.

9 Harvard Research Draft Convention on Responsibility of States, Arts. 13(b), 14, loc. cit., p. 195 ff.; Q. Wright, loc. cit., above, note 8.

10 Charges of complicity by the government aggravated the claims in the cases of the Chinese Boxers (1900), and the assassinations at Sarajevo (1914) and Marseilles (1934), noted above, note 5.

11 Hackworth, , Digest of International Law, “Vol. 4, p. 419 Google Scholar ff.

12 Vollenhoven, C. Van, “Diplomatic Prerogatives of Non-Diplomats,” this Journal, Vol. 19 (1925), p. 469 Google Scholar; Basdevant, Suzanne , Les Fonetionnaires Internationaux (Paris, 1931)Google Scholar, reviewed in this Journal, Vol. 26 (1932), p. 199; Martin, Hill, Immunities and Privileges of International Officials (Washington, 1947), reviewed in this Journal, Vol. 42 (1948), p. 520 Google Scholar.

13 Annual Digest of Public International Law Cases, 1925–26, p. 325.

14 United Nations Charter, Art. 105.

15 See United Nations, Report of Secretary General, 1948, p. 109 ff.; World Peace Foundation, International Organization, Vol. 1, pp. 348, 514. The text of the General Convention and other documents is printed in Martin Hill, op. cit. See also Supplement to this Journal, p. 1. The text of the Headquarters Agreement is printed in International Organization, Vol. 2, p. 164 ff.; also in Supplement to this Journal, p. 8. The text of the United States International Organizations Immunities Act is printed in this Journal, Supp., Vol. 40 (1946), p. 85. For text of Modus Vivendi concerning immunity of League of Nations officials in Switzerland, signed Sept. 10, 1926, see Hudson, International Legislation, Vol. 1, p. 224.

16 The Conference of Ambassadors asserted in a communication to the League of Nations that “it is a principle of international law that States are responsible for political crimes and outrages committed within their territory,” on which M. Hanatoux of France commented in the Council that this would not be true unless the words “for the repression of” were inserted after “responsible.” A committee of jurists set up by the League of Nations Council to answer certain questions which arose from the case declared: “The responsibility of a State is only involved by the commission in its territory of a political crime against the persons of foreigners, if the State has neglected to take all reasonable measures for the prevention of the crime and the pursuit, arrest and bringing to justice of the criminal. The recognized public character of a foreigner and the circumstances in which he is present in its territory entail upon the State a corresponding duty of special vigilance on his behalf.” League of Nations Official Journal, Vol. 4, pp. 1294, 1297; Vol. 5, p. 524; Q. Wright, “Opinion of Commission of Jurists in Janina-Corfu Affair,” this Journal, Vol. 18 (1924), pp. 536, 543.

17 Hackworth, Digest of International Law, Vol. 2, p. 420. The refusal of General Huerta to respond to these demands led to the occupation of Vera Cruz by the United States.

18 Wang, H. C., “Measures of Separation for International Delinquencies” (Doctor’s dissertation, University of Chicago, 1927)Google Scholar, published in part, “Responsibility of States for International Delinquencies,” Tsing Hua Journal, Vol. 7 (1932), pp. 1, 14. Arbitral tribunals have seldom allowed punitive or exemplary damages. Marjorie M. Whiteman, Damages in International Law (Washington: Department of State, 1937), “Vol. 3, p. 1874; Borchard, E. M., The Diplomatic Protection of Citizens Abroad (New York, 1919), p. 419 Google Scholar.

19 Borchard, op. cit, pp. 222–23; Whiteman, op. cit., Vol. 1, pp. 23 ff., 80 ff., 136 ff.

20 United Nations Bulletin, Vol. 5 (Oct. 1, 1948), p. 763. On proposal for armed guards, see also Annual Report of Secretary General, 1948, p. xvii, and Recommendations of Commission to Study the Organization of Peace, United Nations Guards, Sept., 1948.