2019-UNAT-921

2019-UNAT-921, Mindua

UNAT Held or UNDT Pronouncements

UNAT 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. UNAT held that UNDT did not err in dismissing the application as not receivable ratione personae. UNAT held that UNDT correctly distinguished ILOAT judgment No. 3359, noting that the ILOAT’s jurisdiction ratione personae is broader than UNDT’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, UNAT 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. UNAT dismissed the appeal, affirmed the UNDT judgment, and instructed the Registrar to transmit a copy of the judgment to the President of the General Assembly.

Decision Contested or Judgment 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. UNDT 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

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

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

Full Judgment

Applicants/ Appellants

Mindua

Entity

ICTY

Case Number(s)

2018-1214

Tribunal

UNAT

Registry Location :

New York