Judgment No. 3859
1. The Assembly’s 17 December 2014 decision is set aside, as is the Assembly’s 14 December 2007 decision insofar as it provided that the amended Pension Scheme Regulations for judges applied to the complainants.
2. The ICC shall pay the complainants an amount equal to the difference between the pensions the complainants were paid and the pensions they would have been paid under the original Pension Scheme Regulations as of their respective dates of election within thirty days of the date of the delivery in public of this judgment, together with interest thereon at the rate of 5 per cent per annum.
3. The ICC shall pay the complainants costs in the total amount of 7,000 euros.
4. All other claims are dismissed.
The complainants challenge the decision adopted by the ICC Assembly of States Parties, reaffirming its earlier decision that the amended Pension Scheme Regulations apply to them.
It is [...] observed that Article 45 of the Rome Statute has no bearing on the question as to whether the original or amended Pension Scheme Regulations apply to the complainants. Article 45 requires that “[b]efore taking up their respective duties under [the] Statute, the judges [...] shall each make a solemn undertaking in open court to exercise his or her respective functions impartially and conscientiously”. This provision is only directed at the performance of the judicial function and requires the taking of a solemn oath before any judicial duties can be undertaken. It is irrelevant in relation to the application of the conditions of service and compensation of the judges.
conditions of service