With the support of IJDH and IJDH’s Haiti-based partner BAI, in November 2011, 5,000 victims filed claims with the UN requesting: just compensation for their injuries; a public apology and admission of responsibility; investment in water, sanitation, and health infrastructure in order to eliminate cholera from Haiti; and the establishment of the standing claims commission. In February 2013, the UN rejected victims’ claims as “not receivable” because the claims “would necessarily include a review of political and policy matters.”

In October 2013, IJDH, BAI and law firm Kurzban, Kurzban, Weinger, Tetzelli & Pratt filed a class action lawsuit against the UN in New York Federal Court on behalf of cholera victims. The UN asked the US Government to seek dismissal on its behalf and, in March 2014, the US asserted the UN’s absolute immunity.

On October 23, 2014 a judge heard oral arguments on the question of UN immunity. On January 9, 2015, the U.S. District Court, Southern District of New York dismissed our case, holding that the UN’s immunity prevented it from hearing it. On February 12, 2015, IJDH appealed to the Second Circuit Court of Appeal. On May 27, 2015, we filed the Plaintiffs’ Principal Appellate Brief. On August 26, 2015, the United States filed an Amicus Curiae Brief in support of affirmance. On September 25, 2015, we filed the Appellants Reply Brief. On March 1, 2016, the Second Circuit Court of Appeals heard oral arguments. On August 18, 2016, the Court upheld the United Nations’ immunity from claims. We did not appeal to the Supreme Court.

The UN’s position on immunity was criticized in Haiti and internationally, including by individuals and organizations who filed amici curiae in the court case in support of IJDH’s position:

• Law Scholars-Amicus 1
• Human Rights Groups Amicus
• Haitian-American Amicus
• Mid-Amicus
• Final Amicus Brief
• Law Scholars Amicus 2
• Georges_Brief of Amici International Law Scholars