Application for execution

The Tribunal’s judgments carry the authority of res judicata and must be executed as ruled. The parties must work together in good faith to this end. In cases where no time frame is set by the Tribunal for the execution of an order, the judgments must be executed within a reasonable period of time. In order to ascertain whether this is the case, all the circumstances of the case must be taken into account, especially the nature and the scope of the action which the organization is required to take (see, in particular, Judgments 3656, consideration 3; 2684, considerations 4 and 6; and 3066, consideration 6). If there are serious reasons to believe that the defendant organization will not honour its obligations or will delay execution, the complainant may, after having allowed the organization a sufficient and reasonable period of time to execute the judgment, ask the Tribunal, by an application for execution filed pursuant to Article VI(1) of the Statute , to rule that the organization has failed to do so and to order that appropriate measures be taken.

An application for execution must satisfy the formal requirements provided for in the Rules; the party applying for execution should fill in a specific form available at the web site of the Tribunal, write a brief, provide a list of annexes as well as the annexes themselves, and submit six copies of all these documents. These applications are not subject to time limits, nor is there any obligation to exhaust internal means of redress before filing the application.

The form is available hereinafter: