AV

UNDT/2011/128

UNDT/2011/128, Buckley

UNAT Held or UNDT Pronouncements

The Tribunal rejected the application on the ground that the Applicant is not a UN staff member and therefore does not have access to the Tribunal. Status of STL staff members: While article 12 of the STL Statute explicitly provides that the “Registrar shall be a staff member of the United Nations”, there is no such reference for other high-ranking officials such as the Judges or the Prosecutor, nor for any other “Lebanese and international staff” of the STL. From the wording of both the Statute and the Agreement between the United Nations and the Lebanese Republic on the establishment of the STL, the Tribunal draws the negative inference that only the Registrar of the Special Tribunal for Lebanon is a staff member of the United Nations, with the exclusion of any other staff.

Decision Contested or Judgment/Order Appealed

The Applicant, a staff member of the STL contested the decision to exclude him, as ineligible, from the selection process for a P-3 post of Investigator in the Office of Internal Oversight Services.

Legal Principle(s)

N/A

Outcome
Dismissed as not receivable

OAJ prepared this case law summary for informational purposes only. It is no official record and should not be relied upon as an authoritative interpretation of the Tribunals' rulings. For the authoritative texts, please refer to the judgment or order rendered by the respective Tribunal. The Tribunals are the only bodies competent to interpret their respective judgments, as provided under Article 12(3) of the UNDT Statute and Article 11(3) of the UNAT Statute. Any inaccuracies in the publication are the sole responsibility of OAJ, which should be contacted directly for any correction requests. To provide comments, don't hesitate to get in touch with OAJ at oaj@un.org.

The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.