Immunities of International Organizations

Abstract

This article argues that recent developments in Europe have eroded the privileges and immunities nato has historically enjoyed. The European Court of Human Rights and national courts interpreting its jurisprudence have increasingly held States accountable for the actions of the international organizations to which they play host and to which they have granted absolute judicial immunities. This trend involves serious overreach by the courts and, at least in the case of NATO, fails to respect the intentions of the states that simultaneously prepared and adopted the core NATO treaties and the European Convention on Human Rights. This approach presents significant and unnecessary risks to the functioning of an Organization whose effectiveness is essential to maintaining international peace and security.