The judge further stated the “charter of the UN states that the UN “shall enjoy in the territory of each of its Members” such privileges and immunities as are necessary for its purposes.” In 1946 the world body adopted the Convention on Privileges and Immunities of the UN, which was entered into force with respect to the U.S. in April 1970. Some legal analysts say the same document requires the organization to make provisions for appropriate mechanisms for settlement for claims that arise from its missions. According to Judge Oetken, the UN would have to waive its immunity for the case to go ahead.
“We won’t stop fighting until the UN cholera stops killing Haitians, Mario Joseph, counsel for the plaintiffs said in a statement.” Other activists vowed the same thing. “As an attorney we stand in the position you cannot have an injury without a remedy,” said Erzili Danto of the Connecticut-based Haitian Lawyers Legal Network.
“We are going to keep fighting on this,” said Brian Concannon, executive director at the Boston-based Institute for Justice and Democracy in Haiti, a party to the lawsuit. His group will appeal the judge’s ruling, he said. via Final Call