Judgment No. 3549

• Organization: International Criminal Court (ICC)
• Date: 30.06.2015
• Original: English
• Judges: Barbagallo, Moore, Rawlins
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

As the complaint is clearly irreceivable, it is summarily dismissed.

Judgment keywords

Keywords

status of complainant; summary procedure; complaint dismissed

Consideration 3

Extract:

"Pursuant to Article II, paragraph 5, of its Statute, “[t]he Tribunal shall […] be competent to hear complaints alleging non-observance, in substance or in form, of the terms of appointment of officials”. At no point in time did the complainant have the status of an official of the ICC. As the Tribunal has often recalled in its case law, external candidates for employment and persons who have not concluded a contract of employment with an organisation that has recognised the jurisdiction of the Tribunal are not within the latter’s jurisdiction (see, for example, Judgments 803, under 3, 1554, under 10, 1964, under 4, and 3382, under 4)."

Reference(s)

ILOAT Judgment(s): 803, 1554, 1964, 3382

Keywords

candidate; external candidate; ratione personae; non official