국제연합 평화유지기능의 재판관할권 면제에 관한 고찰:과도적 행정기능에 대한 재판관할권 면제의 제한가능성

Immunity protections are particularly important in peacekeeping operations where the UN is often intervening in an unstable political environment and where normal institutions of law and order are not functioning. However,the expansive mandates of transitional administrations such as UNMIK and UNTAET present special problems for determining the scope of this immunity. Where the UN itself acts as the government, the normal rationale for immunity, shielding the organization from state interference, makes little sense. Broad staff immunity in such cases may violate the principles of democratic accountability and human rights at the core of these missions'mandates. While a human rights perspective on immunity in peacekeeping will no doubt constrain a UN operation more than the executive discretion associated with the traditional peace and security model, it is by no means incompatible with the maintenance of peace and the fulfillment of the traditional duties of a peacekeeping operation. This paper contends that even if international law does not yet demand a re-working of the law of official immunities generally, a more consistent and human rights-based approach would improve the credibility of future UN governance operations in the eyes of the international community and in the eyes of those populations temporarily living under the authority of UN administrations.