Chapter VI. Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations

Extract from:

UNITED NATIONS JURIDICAL YEARBOOK

2010

Part Two. Legal activities of the United Nations and related intergovernmental organizations

. Selected legal opinions of the Secretariats of the United Nations and related intergovernmental organizations

Copyright (c) United Nations

contents

E Decisions of the Administrative Tribunal of the International

Monetary Fund

Judgment No. 2010–4 (3 December 2010): Ms. “EE” v International Monetary

Fund (IMF)

Sexual harassment—Preliminary inquiry—Administrative leave with pay—Escort by security—Due process—Allegations of false accusation and bias—Authority of the human resources department director to place a staff member on administrative leave with pay— Inconsistency in governing rules—Written regulations should provide effective and accurate notice of the governing require-ments—The principle of audi alterem partem constitutes a general principle of international administrative law—Escorts should be conducted in a manner least embarrassing to a staff member—No

time limit on administrative leave with pay—Right to pursue a

timely complaint of sexual harassment is not extinguished by the termination of employment of the alleged perpetrator—Tribunal’s remedial authority to provide relief for procedural irregularity 497

Chapter VI Selected legal opinions of the secretariats of the United Nations and related intergovernmental organizations

A Legal opinions of the Secretariat of the United Nations

1 Privileges and immunities

(a) Note Verbale to the Permanent Representative of [State] concerning the privileges and immunities of [a United Nations entity] 501

(b) Interoffice memorandum to the Chief, Special Procedures Branch,

Office of the High Commissioner for Human Rights (OHCHR), concerning the request for information on extending immunity

from legal process to studies and/or reports prepared for a Special Rapporteur by a group of researchers 503

(c) Note to the President of the International Criminal Tribunal for

Rwanda concerning the immunity of defence counsel 504

2 Procedural and institutional issues

(a) Interoffice memorandum to the Chief, Treaty and Legal Assistance

Branch, United Nations Office on Drugs and Crime (UNODC), concerning the establishment of the International Anti-Corruption Academy in Laxenburg, Austria 509

(b) Letter to the President of the Economic and Social Council concerning the allocation of seats on the Committee on Economic,

Social and Cultural Rights 513

(c) E-mail to the Senior Deputy Director, Head of Legal Affairs, International Maritime Organization, concerning the circulation of a

letter as a document of the International Maritime Organization 514

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(d) Interoffice memorandum to the Chief, Human Rights Council

Branch, Office of the High Commissioner for Human Rights (OHCHR), concerning the publication of the national report of [State

1] with reference to “Republic of China (Taiwan)” in the report 516 (e) Interoffice memorandum to the Assistant Secretary-General for

Human Resources Management concerning the recognition of Kosovo nationals 517 3 Liability and responsibility of the United Nations

(a) Interoffice memorandum to the Director of the United Nations

Mine Action Service (UNMAS), Department of Peacekeeping Operations (DPKO) concerning an invitation from [a development organization] to UNMAS to provide an expert on demining to a

tender assessment panel 518 (b) Interoffice memorandum to the Assistant Secretary-General, Programme Planning, Budget and Accounts, Controller, concerning

a third-party claim against the United Nations Mission in Liberia (UNMIL) from [the Society] 521 (c) Interoffice memorandum to the Director of the Division for Public

Administration and Development Management, Department of Economic and Social Affairs (DESA), concerning the Secretary-General’s and the Organization’s relationship with the [Alliance] 524 4 Other issues relating to peacekeeping operations

(a) Note to the Under-Secretary-General, Department of Peacekeeping Operations (DPKO), regarding the United Nations Mission in

Sudan (UNMIS) area of responsibility 528

(b) Note to the Military Adviser for Peacekeeping Operations, Department of Peacekeeping Operations, concerning exceptional authorization for United Nations Military Experts on Missions to

carry arms 534

5 Personnel questions

(a) Note to the Under-Secretary-General for Management and the

Under-Secretary-General for the Department of Field Support concerning the change in casualty reporting status in Haiti 536 (b) Interoffice memorandum to the Assistant Secretary-General for

Human Resources Management concerning the Constitution of

the Field Staff Union 537 6 Miscellaneous

(a) Interoffice memorandum to the Special Adviser on Gender Issues and Advancement of Women, Office of the Special Adviser

on Gender Issues, Department of Economic and Social Affairs, concerning the registration of “Taiwanese” representatives of nongovernmental organizations (NGOs) at the fifty-fourth session of

the Commission on the Status of Women (1–12 March 2010) . . . . 539

(b) Note to the Chief of Staff, Senior Management Group, concerning

an invitation for the film [Title] 540

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B Legal opinions of the secretariats of intergovernmental organizations related to the United Nations

1 International Labour Organization

Legal Opinions rendered during the International Labour Conference,

99th Session (June 2010)

(a) Opinion concerning the attendance of NGOs in Conference committees 543 (b) Opinion concerning the promotion and the implementation of the

Recommendation on HIV and AIDS and the world of work, 2010 543 2 International Fund for Agricultural Development

(a) Interoffice memorandum to the Audit Committee concerning legal issues to be considered when developing a Code of Conduct

for the Members of the Executive Board of the International Fund

for Agricultural Development (IFAD or the Fund) 544

(b) Concept note to the Executive Management Committee (EMC) regarding managing partnerships with Member States in contribution arrears 556

(c) Interoffice memorandum concerning the representation of Member States on the Executive Board 566

(d) Interoffice memorandum to the Finance and Administration Department regarding permissibility of the investments of the Fund’s resources in a non-Member State 570

(e) Interoffice memorandum to the Investment and Finance Advisory Committee regarding legal considerations when dealing with downgraded and under-performing government bonds in the investments of IFAD 571

3 United Nations Industrial Development Organization

(a) Interoffice memorandum regarding legitimation cards: residency requirements for citizenship of [State] 572

(b) Interoffice memorandum regarding an invitation to the Director-General to become a member of the Wise Persons Group of the [organization] 573 (c) Interoffice memorandum regarding recognition of Pacte Civil de

Solidarité by UNIDO 574 (d) External e-mail message regarding the Basic Cooperation Agreement between UNIDO and the Government of [State] 575 (e) Internal e-mail message regarding the Basic Cooperation Agreement between UNIDO and the Government of [State] 576 (f) Internal e-mail message regarding an exchange of letters between

UNIDO and [United Nations agency] 578 (g) Interoffice memorandum regarding the interpretation of staff

rule 109 05(b) 578

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(h) Interoffice memorandum regarding the optimal modality for operating UNIDO Desks 581

Part Three. Judicial decisions on questions relating to the United Nations and related intergovernmental organizations

Chapter VII Decisions and advisory opinions of international tribunals

A International Court of Justice 585

1 Judgments 585 2 Advisory Opinions 585 3 Pending cases and proceedings as at 31 December 2010 585 B International Tribunal for the Law of the Sea 586

1 Judgments 586 2 Pending cases and proceedings as at 31 December 2010 587 C International Criminal Court 587

1 Situations under investigation in 2010

(a) Situation in the Democratic Republic of the Congo 588 (b) Situation in the Central African Republic 588 (c) Situation in Uganda 588 (d) Situation in Darfur, the Sudan 588 (e) Situation in Kenya 589 2 Judgments 589 D International Tribunal for the former Yugoslavia 589

1 Judgements delivered by the Appeals Chamber 590 2 Judgements delivered by the Trial Chambers 590 E International Criminal Tribunal for Rwanda 590

1 Judgements delivered by the Appeals Chamber 590 2 Judgements delivered by the Trial Chambers 591 F Special Court for Sierra Leone 591

1 Judgements 591 G Extraordinary Chambers in the Courts of Cambodia 592

1 Judgments delivered by the Supreme Court Chamber 592 2 Judgments delivered by the Trial Chamber 592 H Special Tribunal for Lebanon 592

1 Judgments 592

Chapter VIII Decisions of national tribunals 593

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Chapter VI

sELEcTED LEgAL OPiNiONs OF ThE sEcRETARiATs OF ThE UNiTED NATiONs AND RELATED iNTERgOvERNmENTAL ORgANizATiONs* *

1. Legal opinions of the secretariat of the United Nations

   (Issued or prepared by the Office of Legal Affairs)

   1. Privileges and immunities

      (a) Note Verbale to the Permanent Representative of [State] concerning the privileges and immunities of [a United Nations entity]

      Abuse of privileges and immunities—Distinction between a United Nations entity and individual staff members—Concept of persona non grata only applies to accredited officials—Obligation of the United Nations to cooperate with local authorities—Official capacity—Secretary-General has sole authority to establish whether privileges and immunities apply—Prior to bringing charges against United Nations staff members, States must inform the United Nations so that it can determine whether immunity applies—Measures that increase the financial or other burdens of the Organization are inconsistent with Article 105 of the Charter of the United Nations

      The Legal Counsel of the United Nations...