Immunità e responsabilità dell’ONU per l’introduzione del colera ad Haiti: la sentenza d’appello nel caso Georges, il « rapporto Alston » e le « scuse » del Segretario generale

The present note deals with the latest developments in the Haiti Cholera Case, where the UN is accused — on the basis of overwhelming evidence — of having introduced the deadly disease into Haiti as a result of grossly negligent conduct. Issues of immunity and responsibility of the UN are discussed on the basis of the most recent elements of practice, such as the Georges decision by a US Court of Appeals, the engagement of many HRC mandate-holders with the case, and the apology of the Secretary-General to the Haitian people. The view is taken that the pressure coming from pending and potential cases before domestic courts has been a key determinant of the UN’s new course as announced in August 2016. However, this new course, which persists in denying factual and legal responsibility, is deeply unsatisfactory and contrary to key tenets of international law otherwise championed by the UN, such as the right to a remedy and reparation for victims of serious violations of human rights.