Question

The ICJ Advisory Opinion in the case Reparation for Injuries Suffered in the Service of the United Nations, following the assassination of Count Bernadotte, an official of the United Nations, was essentially in relation to a claim against which country?

• A. France
• B. Jordan
• C. Israel
• D. Syria

Hint:

The *Reparation for Injuries* case is the leading authority on the "international legal personality" of international organizations.
It established that the UN has functional personality and implied powers to fulfill its charter obligations.

Answer 1

The Correct Option is C

Step 1: Understanding the Question:
The question asks about the specific state against which the United Nations contemplated bringing a claim for damages, which led to the landmark 1949 ICJ Advisory Opinion on Reparation for Injuries Suffered in the Service of the United Nations.

Step 2: Key Legal Principles and Approach:
The Reparation case (1949) is one of the most important advisory opinions of the International Court of Justice.
It established the doctrine of "implied powers" and confirmed the international legal personality of the United Nations.

Step 3: Detailed Explanation:

• Historical Background: In September 1948, Count Folke Bernadotte, a Swedish diplomat serving as the United Nations Military Mediator in Palestine, was assassinated in Jerusalem along with another UN official.

• The area where the assassination took place was under the control of the newly declared State of Israel, which was then a de facto government and not yet a member of the United Nations.

• The Legal Dilemma: The UN General Assembly asked the ICJ for an advisory opinion on whether the United Nations, as an organization, had the legal capacity to bring an international claim against the responsible state (Israel) to obtain reparation for damage caused to the UN and to the victim.

• The ICJ's Ruling: In its 1949 Advisory Opinion, the ICJ ruled that the United Nations possessed "international legal personality."

• This meant the UN was a subject of international law, capable of possessing international rights and duties, and had the capacity to maintain its rights by bringing international claims for reparations.

• The Court held that the UN could bring such a claim against both member and non-member states, specifically referring to the government of Israel.

• Therefore, the claim was essentially in relation to Israel, making Option (C) the correct answer.

Step 4: Final Answer:
The advisory opinion arose from the assassination of Count Bernadotte in territory controlled by Israel, making Option (C) the correct answer.