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, paragraph 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 Annex 1 of the Rules.
The party applying for execution should fill in the form below, available in two formats: PDF and Word.
The PDF format form must be printed off in its original size and then manually filled out. Once completed, it must be dated and signed by hand. A photocopy of the signature will not be accepted. Please note that the PDF format form cannot be filled out electronically.
The Word format form can be filled out electronically by filling available fields. Once completed, the form has to be printed out and dated and signed by hand. A photocopy of the signature will not be accepted.
The party applying for execution should also write a brief and provide a list of annexes as well as the annexes themselves.
The party applying for review must then send the original of all the documents mentioned above (the completed form, brief, list of annexes, and annexes), together with four printed copies, by post to the Tribunal’s Registry. The party must also email an electronic version of all these documents to the Registry at [email protected].
Applications for execution 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: