Abuse of Privileges and Immunities (Article VII Sections 24–25 Specialized Agencies Convention)

Abstract This chapter discusses Article VII Sections 24–25 of the Specialized Agencies Convention. Section 24 serves as a counterweight to the privileges and immunities granted to the Specialized Agencies. Whilst waiver of immunity constitutes the usual formula to respond to abuses of privileges and immunities, the present provision introduces a new set of procedures aimed at settling disputes arising out of such circumstances. It is thus a provision for which there is no precedent, including within the framework of the General Convention, which only deals with abuses allegedly perpetrated by UN officials. The purposes of Section 25 are twofold. On the one hand, it provides a clear means to deal with situations where the government of a country in which officials and representatives of members are exercising their functions wishes to have them leave due to undesirable activities unrelated to their official functions. On the other hand, the present section is also protective of officials and member State representatives, inasmuch as it provides them with strong safeguards in cases of expulsion.