## Facts

- Cynthia Brzak and Nasr Ishak were employees of the United Nations High Commissioner for Refugees (UNHCR) in Geneva.
- Brzak alleged that during a 2003 UNHCR staff meeting, High Commissioner Ruud Lubbers improperly touched her.
- On Ishak’s advice, Brzak filed an internal complaint with the U.N.’s Office of Internal Oversight Services (OIOS).
- Plaintiffs alleged OIOS substantiated the complaint and recommended discipline, but Secretary-General Kofi Annan ultimately exonerated Lubbers.
- Plaintiffs alleged retaliation by U.N. officials after the complaint, including adverse work-assignment decisions affecting Brzak and promotion-related decisions affecting Ishak.
- Plaintiffs sued the United Nations and individual U.N. officials in the Southern District of New York, asserting Title VII claims, RICO claims, and state-law tort claims.
- The district court dismissed for lack of subject-matter jurisdiction under Rule 12(b)(1), holding the U.N. had absolute immunity and the officials had immunity for official acts.

## Issues

1. Whether the Convention on the Privileges and Immunities of the United Nations (CPIUN) is self-executing in U.S. courts.
2. Whether CPIUN grants the United Nations immunity from suit absent an express waiver, and whether any waiver occurred.
3. Whether the individual defendants were immune for acts performed in their official capacities.
4. Whether enforcing these immunities violates the U.S. Constitution by foreclosing a domestic judicial forum.

## Decision

- The Second Circuit affirmed the Rule 12(b)(1) dismissal for lack of subject-matter jurisdiction.
- The CPIUN was treated as self-executing and directly applicable in U.S. courts.
- The United Nations was immune from “every form of legal process” absent an express waiver, and no express waiver was shown.
- The individual defendants were immune for conduct undertaken in their official capacities, including employment-related and disciplinary decisions.
- Enforcement of the treaty-based and official-acts immunities did not violate constitutional due process or separation-of-powers principles.

## Legal Principles

- A self-executing treaty may supply rules U.S. courts must apply without implementing legislation.
- Under CPIUN Article II, § 2, the United Nations enjoys immunity from every form of legal process unless it expressly waives immunity; waiver cannot be inferred from internal dispute mechanisms or alleged inadequacy of internal remedies.
- Officials of an international organization are immune from suit in U.S. courts for acts performed in their official capacity; the focus is the nature of the acts, not the legality alleged by the plaintiff.
- Treaties, as supreme federal law, may validly restrict domestic judicial jurisdiction; the lack of a U.S. forum resulting from a valid immunity regime is not, by itself, a constitutional violation.

## Conclusion

The Second Circuit held that U.S. courts lacked jurisdiction because the CPIUN confers absolute immunity on the United Nations absent an express waiver and provides functional immunity to U.N. officials for official acts; these immunities were enforceable without violating the Constitution.


Brzak v. United Nations, 597 F.3d 107 (2d Cir. 2010)