Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human Rights

Overview of the Case

• Date of Request: 7 August 1998
• Requestor: United Nations Secretary-General
• Document: Decision 1998/297 (5 August 1998)
• Court Involved: International Court of Justice (ICJ)
• Case Summary:
  • The Economic and Social Council requested an advisory opinion regarding the applicability of Article VI, Section 22, of the Convention on the Privileges and Immunities of the United Nations to a UN Special Rapporteur, Mr. Cumaraswamy.
  • Mr. Cumaraswamy faced lawsuits in Malaysia for alleged defamatory statements made during an interview.
  • The UN Secretary-General asserted that Mr. Cumaraswamy was immune from legal process as he was acting in his official capacity.

Advisory Opinion Details

• Dates of Oral Proceedings:
  • 7, 8, and 10 December 1998
• Advisory Opinion Date: 29 April 1999
• Conclusion:
  • The Court had the jurisdiction to render an opinion.
  • A Special Rapporteur is considered an expert on mission and is entitled to privileges and immunities under the Convention.
  • Malaysia accepted Mr. Cumaraswamy as an expert on mission.
  • The Secretary-General has the primary authority to determine if an agent acted within the scope of their functions.
  • The interview references confirmed Mr. Cumaraswamy's official capacity.
  • The Commission on Human Rights had extended Mr. Cumaraswamy’s mandate in 1997.
  • National courts must prioritize findings by the Secretary-General regarding immunity issues and decide on them promptly.

Legal Obligations of Malaysia

• Findings:
  • Malaysian courts must acknowledge the immunity determined by the Secretary-General.
  • Malaysia did not meet its international obligations in the case concerning Mr. Cumaraswamy.

Procedural Documentation

Request for Advisory Opinion

• 10 August 1998: Request submitted including relevant documents.

Written Proceedings

• Various Dates: Written statements submitted by Secretary-General and other states, including Malaysia.

Oral Proceedings

• 7, 8, 10 December 1998: Public sittings held.

Orders and Opinions

• 29 April 1999: Advisory opinion released affirming Mr. Cumaraswamy's immunity.

Press Releases

• 10 August 1998: Lawsuits filed against Mr. Cumaraswamy.
• 12 August 1998: Request for advisory opinion ordered.
• 9 October 1998: States submitted written statements.
• 13 November 1998: Public sittings scheduled.
• 10 December 1998: Conclusion of hearings.
• 22 April 1999: Announcement of advisory opinion date.
• 29 April 1999: Court confirms Mr. Cumaraswamy's immunity from legal process.