Hostname: page-component-8448b6f56d-42gr6 Total loading time: 0 Render date: 2024-04-19T13:44:06.062Z Has data issue: false hasContentIssue false

The United Nations in the Time of Cholera

Published online by Cambridge University Press:  20 January 2017

José Alvarez*
Affiliation:
NYU School of Law
Rights & Permissions [Opens in a new window]

Extract

Core share and HTML view are not available for this content. However, as you have access to this content, a full PDF is available via the ‘Save PDF’ action button.

The United Nations’ handling of the allegations that its peacekeepers in Haiti are responsible for the largest number of cholera cases and deaths in the world is a public relations as well as public health disaster. Even those likely to be skeptical of mono-causal accounts of mass torts or who see that case unsympathetically— as an incident where “ungrateful” nationals turn on their humanitarian benefactors—cannot possibly be content with how the United Nations has handled this crisis to date. How does one begin to justify a situation in which it takes the United Nations fifteen months to respond to credible allegations of malfeasance, perhaps even recklessness, with a two-sentence response from its top lawyer that asserts simply, without explanation, that the claims of thousands of victims are just “not receivable” because they implicate “political” or “policy” concerns? How can the United Nations expect anyone to sympathize with its position where, according to the United Nations’ own account of when it is liable for the actions of its peacekeepers, it seems to be saying that the United Nations is responsible only for the small torts of its agents (such as traffic accidents) but not for large ones that cause the deaths of 8,500 and counting?

Type
Symposium: Remedies For Harm Caused By UN Peacekeepers
Copyright
Copyright © American Society of International Law 2014

References

1 Remedies for Harm Caused by UN Peacekeepers, ASIL (2014)Google Scholar.

2 Chief of Claims Unit Minustah Log Base, Petition for Relief dated Nov. 3, 2011 from the Chief of Claims Unit Minustah Log Base to the Office of the UN Secretary-General (Nov. 3, 2011).

3 Under Secretary-General for Legal Affairs, Letter dated July 5, 2013 from the U.N. Under Secretary-General for Legal Affairs to Mr. Concannon (July 5, 2013).

4 UN Secretary-General, Administrative and Budgetary Aspects of the Financing of the U.N. Peacekeeping Operations: Financing of the UN Peacekeeping Operations, UN Doc. A/51/903 (Nov. 4, 1996).

5 Fadisma; Zanella; Beraldo (2012) Petition to the IACHR concerning the violation, by the UN, of the human right to life and humane treatment, enshrined in articles 4 and 5 of the ACHR and article 1 of the ADRDM (ICHR Protocol n. 1929/11 on 15/03/2012).

6 The Transnational Development Clinic Et Al., Peacekeeping Without Accountability the United Nations’ Responsibility for the Haitian Cholera Epidemic 27 (2013)Google Scholar.

7 Members of U.S. Congress, Letter dated Jan. 10, 2014 from Members of U.S. Congress to the U.S. Permanent Representative to the U.N. (Jan. 10, 2014).

8 Mosk, Matthew, Bill Clinton, UN Envoy, Admits Peacekeepers as Source of Haiti Cholera, ABC News (Mar. 9, 2012)Google Scholar.

9 N.Y. Times Editorial Board, Haiti’s Imported Disaster, N. Y. Times (Oct. 12, 2013)Google Scholar.

10 Class Action Complaint & Demand for Jury Trial, Georges v. United Nations, No. 13-CV-7146 (S.D.N.Y. Oct. 9, 2013).

11 The Sphere Project, Humanitarian Charter and Minimum Standards in Humanitarian Response (2011)Google ScholarPubMed.

12 United Nations Children’s Fund, Unicef Handbook on Water Quality (2008)Google Scholar

13 United Nations High Commissioner for Refugees, Handbook for Emergencies (4th ed. 2015)Google ScholarPubMed.

14 World Health Organization, Technical Notes On Drinking-Water, Sanitation And Hygiene In Emergencies: Planning for Excreta Disposal in Emergencies (2011)Google Scholar.

15 Harvey, Peter, Excreta Disposal in Emergencies, A Field Manuel (2007)Google Scholar.

16 PAHO/WHO Calls for International Funding of New Haiti Cholera Plan, Regional Office for The Americas, World Health Organization (Feb. 28, 2013)Google Scholar.

17 Convention on the Privileges and Immunities of the United Nations, Feb. 13, 1946, 1 UNTS 15.

18 See Do Rosario Veiga v. World Meteorological Organisation, No. 08-CV-3999, (S.D.N.Y Mar. 3, 2009).

19 UN Charter art. 105.

20 Reinisch, August, The Immunity of International Organizations and the Jurisdiction of their Administrative Tribunals, 7 Chinese J. Int’l L. 285 (2008)Google Scholar.

21 Independent Panel of Experts on the Cholera Outbreak in Haiti, Final Report of the Independent Panel of Experts on the Cholera Outbreak in Haiti (2010)Google Scholar.

22 See The Transnational Development Clinic Et Al., supra note 6.

23 Lynch, Colum, Cholera Outbreak in Haiti in 2010 Tied to U.N. Peacekeepers, Report Says, Wash. Post (July 25, 2013)Google Scholar.

24 Megret, Frederic, La Reponsabilite Des Nations Unies Aux Temps Du Cholera (United Nations Responsibility in the Time of Cholera) (2013)Google Scholar.

25 United Nations and the Rule of Law, United Nations.

26 See Independent Panel of Experts on the Cholera Outbreak in Haiti, supra note 21.