Immunities and Privileges of Delegations to the United Nations

In the sixteen years since the United Nations on the invitation of the United States established its principal headquarters in New York, there have been remarkably few incidents and little publicity in connection with the immunities and privileges of Members' representatives. This is no doubt due not to the clarity or quality of the relevant juridical instruments but to the tact and understanding of all concerned: the United Nations and more particularly its Secretaries-General, the representatives of the Member States and in a very large measure the Department of State and the United States Mission to the United Nations. It was the violent reaction of Chairman N. S. Khrushchev, attending the fifteenth session of the General Assembly as head of the Soviet Union delegation, against the restrictions imposed upon his movements in the United States by the Department of State which drew attention to the question of the rights and privileges of delegations to the United Nations. For the first time the head of the delegation of a great power and a permanent member of the Security Council was subjected to such restrictions. Speaking in the General Assembly, Mr. Khrushchev referred to “the various restrictions of the rights of representatives of States in the United Nations” and the “instances … of the representatives of young African and Asian States being subjected to racial discrimination.” He raised the question “whether or not thought should be given to the choice of another location for the United Nations Headquarters which would better facilitate the effective work of this international organization.”The nature and extent of these restrictions will be discussed below but it may be well to begin with a survey and analysis of the bewildering array of instruments which govern this matter.