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finding the greatest weight. The Court added that questions of immunity were
preliminary issues which national courts had to decide upon expeditiously at
the very outset of the proceedings. Since the conduct of any organ of a State,
including national courts, must be regarded as an act of that State, the Court
concluded that the Government of Malaysia had not acted in accordance with
its obligations under international law in the present case.
The Court agreed unanimously that Mr. Cumaraswamy should be held
“financially harmless for any costs imposed upon him by the Malaysian courts,
in particular taxed costs.” The Court also found, by 13 votes to 2, that the
Government of Malaysia had, as a consequence of the decision, “the obligation
to communicate [the] Advisory Opinion to the Malaysian courts, in order that
Malaysia’s international obligations be given effect and [Mr.] Cumaraswamy’s
immunity be respected”.
Source: Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission on Human
Rights, Advisory Opinion, I.C.J. Reports 1999, p. 62.
C. Standards of conduct
The standards of conduct expected of treaty body members are set out in the
Secretary-General’s Bulletin titled “Regulations Governing the Status, Basic Rights
and Duties of Officials other than Secretariat Officials, and Experts on Mission”
(ST/SGB/2002/9, see annex III below).
According to regulation 2 (a), “officials and experts on mission shall uphold the
highest standards of efficiency, competence and integrity. The concept of integrity
includes, but is not limited to, probity, impartiality, fairness, honesty and truthfulness
in all matters affecting their work and status.”
In addition, regulation 2 establishes the following standards of conduct for experts
on mission:
✔✔ In the performance of their duties, experts shall neither seek nor accept
instructions from any Government or from any other source external to the
Organization.
✔✔ Experts shall discharge their functions and regulate their conduct with the
interests of the Organization only in view.
✔✔ Experts shall ensure that their views and convictions do not adversely
affect their official duties or the interests of the Organization, bearing
in mind that their personal views and convictions remain inviolable.
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