UNDT/2018/097

UNDT/2018/097, Mindua

UNAT Held or UNDT Pronouncements

The Applicant, as an ad litem judge of the ICTY, is considered to be a “non-Secretariat United Nations official”. It follows that the Applicant cannot be considered as a former United Nations staff member within the meaning of art. 3.1 of the Dispute Tribunal’s Statute. Whilst being fully cognizant of the Applicant’s right to access to justice, the Tribunal is forced to apply its Statute, which prevents it from asserting jurisdiction over the application. As the Applicant does not fall under any of the categories of potential applicants described in art. 3.1 of the Dispute Tribunal’s Statute, he has no legal standing before this Tribunal and the application is not receivable ratione personae.

Decision Contested or Judgment/Order Appealed

The Applicant, a former ad litem judge at the International Tribunal for the former Yugoslavia (“ICTY”), challenges the decision of the Registrar, ICTY, not to pay him for his part–time service at the ICTY after he was appointed as a judge at the International Criminal Court.

Legal Principle(s)

The Tribunal’s competence ratione personae is defined in art. 3.1 of its Statute.

Outcome

Dismissed as not receivable

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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.

Full judgment

Applicants/Appellants

Mindua

Entity

ICTY

Case Number(s)

UNDT/GVA/2017/106

Tribunal

UNDT

Registry

Geneva