2019-��AT-921

��AT Held or ��DT Pronouncements

��AT held that the Appellant was not a staff member, as he was not supported by the Secretary-General in terms of Staff Regulation 4. 1 and was not subject to the Secretary-General��s authority, but rather he was elected by the General Assembly. ��AT held that ��DT did not err in dismissing the application as not receivable ratione personae. ��AT held that ��DT correctly distinguished ILOAT judgment No. 3359, noting that the ILOAT��s jurisdiction ratione personae is broader than ��DT��s jurisdiction, in that it may be invoked by ��officials��, which includes judges. Noting that the current situation appears to be in violation of the norms of customary international law, ��AT considered that it would be prudent and in the interests of the Organisation for this judgment to be brought to the attention of the President of the General Assembly for consideration and possible action. ��AT dismissed the appeal, affirmed the ��DT judgment, and instructed the Registrar to transmit a copy of the judgment to the President of the General Assembly.

Decision Contested or Judgment/Order Appealed

The Applicant, a former ad litem judge at the ICTY, contested the decision of the Registrar not to pay him for his part-time service at the ICTY after he was appointed to the International Criminal Court (ICC) as a judge. ��DT dismissed the application on grounds that it was not receivable ratione personae.

Legal Principle(s)

Access to justice is a norm of customary international law.

Outcome

Appeal dismissed on merits

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

Mindua

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Case Number(s)

Tribunal

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Date of Judgement