The Haiti cholera claims are focused upon the U.N.’s violation of the rights of individuals affected by the cholera outbreak to access a remedy. The U.N.’s absolute immunity from jurisdiction of national courts is counterbalanced by its duty to provide alternative dispute resolution mechanisms for private law claims. The U.N. has not only failed to provide those alternative dispute resolution mechanisms, but has repeatedly stated that it any claims are not receivable so in these circumstances. Here we set out that even if the U.N. is able to shield itself from private law claims by using the cloak of absolute immunity, the U.N. might be held responsible for human rights violations arising from the cholera outbreak in Haiti. This article is concerned with the broader issue of whether the U.N. has violated and continues to violate individuals’ right to health in Haiti.
The old European way of trying criminal cases, the so-called inquisitorial system, is dying. Throughout Latin America, countries have passed new codes of criminal procedure that have adopted the party system, similar to the accusatorial system in the United States.