L'immunità dei funzionari delle organizzazioni internazionali: applicazioni e limiti nell'interesse della giustizia

This study examines the legal regime of immunity granted to officials of international organizations, focusing on its historical evolution, practical application, and implications for the protection of the interests of justice. The analysis traces the origins of immunity from ancient civilizations through the Peace of Westphalia, highlighting its progressive recognition first in favor of States, then diplomatic agents, and ultimately international officials. Particular attention is devoted to functional immunity, as it is closely linked to the role and independence of international civil servants. The research explores the emergence of the international official, from early international bodies of the nineteenth century to the modern framework established with the League of Nations and, subsequently, the United Nations. It analyzes the shift from a broad extension of diplomatic privileges to a predominantly functional conception of immunity, limited to acts performed in the exercise of official duties. The study examines the current legal framework governing immunity, primarily based on the 1946 and 1947 Conventions on the privileges and immunities of the United Nations and its Specialized Agencies, as well as on headquarters agreements and the possible existence of a relevant rule of customary international law. The thesis further distinguishes between ordinary officials and high-ranking officials, whose immunity may extend to private acts, and analyzes the main areas of application of immunity, including jurisdictional, fiscal, and military exemptions. Particular attention is paid to acts ultra vires and to the challenges in determining the limits of functional immunity. In its concluding part, the study addresses the risks of abuse of the immunity regime and evaluates existing remedies, drawing on recent controversial cases involving United Nations officials. It ultimately argues for the need to develop clearer and more structured international legal instruments to better balance the independence of international organizations with the accountability of their officials, in line with the requirements of justice and human rights protection.