Privileges and immunities of experts in special procedures of the UN Human Rights Council

Abstract

Special procedures are mechanisms for the protection of human rights established by the UN Commission on Human Rights, later taken over by the UN Human Rights Council, whose task is to investigate and monitor the situation with respect to human rights in a given country or the violation of a specific category of rights. The ability of experts operating under United Nations Special Procedures to exercise their mandates unhindered is crucial to the effective functioning of the organization. The Secretary General has the competence to determine the scope of immunities to which experts are entitled. However, they can only be overturned by national courts for “essential reasons”. Consequently, these are incidental situations. In case of any doubts regarding the scope of immunities, it is possible to ask the International Court of Justice to resolve disputes in this respect.