Judgment No. 3359
1. The ICC shall take such steps as are necessary to resubmit the Presidency’s 5 October 2010 memorandum to the Assembly of States Parties for the purpose referred to in consideration 30.
2. The ICC shall pay each of the complainants 1,000 euros by way of costs.
3. All other claims are dismissed.
The complainants, former judges of the ICC, impugn the implied decision of the Assembly of States Parties not to determine to which Pension Scheme they were subjected.
complaint allowed; pension
"The Tribunal rejects the complainants’ assertions of standing by reference to the ICC Staff Regulations. It is not disputed that the judges are “officials” of the ICC as stated in the ICC Headquarters Agreement. However, the broad definition of “officials” does not assist the complainants’ position in relation to the Staff Regulations."
locus standi; staff regulations and rules; official
"[T]he ICC does not dispute that the complainants are officials of the Court and that it has recognised the Tribunal’s jurisdiction. However, the ICC contends that since Staff Regulation 11.2 limits access to the Tribunal to staff members, the complainants do not have standing to bring the present complaint.
In effect, the ICC is arguing that the judges are without recourse for alleged violations of the terms and conditions of their appointment. This argument is rejected. The complainants are officials and their rights are not constrained by the Staff Regulations. Their right to access the Tribunal is conferred by the Tribunal’s Statute itself."
locus standi; official
"It is settled that pension entitlement is a term of appointment and clearly within the Tribunal’s jurisdiction."
competence of tribunal; pension entitlements
"As the complainants point out in their pleas, fundamental protections of the type in Article 49 are a common feature in many democracies with independent judiciaries. They exist to preserve and protect the independence of the judiciary, they do not exist to benefit individual judges, notwithstanding that they have this effect."