International Organizations Immunities Act

• Jurisdiction: United States,Federal
• Author: Richard Bainter
• Publication year: 2020
• Citation: Vol. 28 No. 1

INTERNATIONAL ORGANIZATIONS IMMUNITIES ACT

Richard Bainter^*

1. The United States (US) contributes approximately $12 billion USD each year to the operations of more than 200 international organizations.¹ Many of these organizations have headquarters or operations within the US and have been granted some form of immunity from legal process under the provisions of US legislation, namely, the International Organizations Immunities Act (IOIA).² The IOIA shields those international organizations from civil liability in the US. The IOIA also provides immunity to key personnel of international organizations, but this article will only address the immunity of the organization. Until recently, some federal circuits interpreted the IOIA to grant near absolute immunity to international organizations while others made an exception to immunity for disputes arising from the commercial activities of the international organization. The split of authority was resolved by the US Supreme Court in 2019.³

2. The IOIA was adopted at the end of World War II when the US and its allies joined together to create a number of new international organizations, which were intended to help stabilize the international economy and maintain international peace and security. Those organizations included the World Bank, the International Monetary Fund, and the United Nations. In adopting the IOIA, Congress was motivated by "the probability that the United Nations Organization may establish its headquarters in this country, and the practical certainty in any case that it would carry on certain activities in this country . . . ."⁴ By providing immunity, Congress was seeking to create an incentive that would increase the chances of the United Nations and other international organizations locating their headquarters in the US.

3. The number of international organizations has grown significantly since 1945 and the reach of the IOIA has grown accordingly. Whereas only sixteen organizations had been granted immunity under the act before 1950, over eighty organizations are now protected, including organizations as diverse as the Pacific Salmon Commission, the International Wheat Advisory Committee, and the Universal Postal Union.

4. To qualify for immunity under the IOIA, an organization must be "a public international organization in which the United States participates"⁵ and be designated as such by the President of the United States. The statute does not define what constitutes a "public international organization;" the President's designation is sufficient.

5. There are three ways for an organization to meet the "US participation" requirement:⁶ by treaty; by congressional act authorizing US participation; or by congressional appropriation to provide financial support to the organization.

6. If the organization qualifies as a public international organization in which the US participates, it must then be designated by the President as being entitled to receive the protections of the act.⁷ Thus, by its terms, the IOIA does not cover all international organizations, but only a subset of international organizations, and not even all of those in which the US participates, but only those in which the...