Georges v. United Nations, No. 15-455 (2d Cir. 2016)Annotate this Case
Plaintiffs, citizens of the United States and Haiti, filed suit against the UN, asserting various causes of action sounding in tort and contract, seeking to hold defendants responsible for injuries directly resulting from the cholera epidemic in the Republic of Haiti in 2010. Principally at issue on appeal is whether the UN’s fulfillment of its obligation under Section 29 of the Convention on the Privileges and Immunities of the United Nations (CPIUN), Apr. 29, 1970, 21 U.S.T. 1418, to “make provisions for appropriate modes of settlement of . . . disputes arising out of contracts or other disputes of a private law character to which the [UN] is a party,” as well as “disputes involving any official of the [UN] who by reason of his official position enjoys immunity, if immunity has not been waived by the Secretary‐General,” is a condition precedent to its immunity under Section 2 of the CPIUN, which provides that the UN “shall enjoy immunity from every form of legal process except insofar as in any particular case it has expressly waived its immunity.” The court held that the UN’s fulfillment of its Section 29 obligation is not a condition precedent to its Section 2 immunity. Accordingly, the court affirmed the district court's dismissal against named defendants for lack of subject matter jurisdiction.