Necessity (814,-666)

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Keywords: Necessity
Total judgments found: 2

• Judgment 4612

  
  135th Session, 2023
  Energy Charter Conference
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision to suspend her from duties with immediate effect.

  Consideration 32

  Extract:

  The Tribunal has acknowledged a doctrine of necessity (Judgments 4006, consideration 14, and 2757, consideration 19). That is, circumstances can arise where a decision maker, whether an individual or a body, is lawfully able to make a decision because it is unavoidable and necessary to do so where, in other circumstances, the individual or body should not exercise the decision-making power because to do so might involve a denial of due process.

  Reference(s)

  ILOAT Judgment(s): 2757, 4006
  

  Keywords:

  internal appeals body; necessity;
  

  
  
  

• Judgment 4006

  
  126th Session, 2018
  International Criminal Court
  Extracts: EN, FR
  Full Judgment Text: EN, FR
  Summary: The complainant contests the decision of the Presidency of the Court to set aside his Complaint for the removal from office of the Registrar of the Court.

  Consideration 14

  Extract:

  Whether the complainant’s belief was correct or not is not raised directly for consideration in these proceedings. But it is almost certainly correct that either by operation of the doctrine of necessity, or because the Registrar could have delegated the power to deal with a formal complaint of harassment against himself under Administrative Instruction ICC/AI/2005/005, a complaint under the Administrative Instruction was capable of being processed (see the commentary in Judgment 2757, consideration 19) and, if made out, remedies of the type sought by the complainant (including compensation) could have been awarded. If this is correct, then the complainant was denied an opportunity to pursue his claim of harassment on its merits, which did not involve establishing conduct of a particularly egregious type and which would have made available many of the remedies he sought, if harassment could, as a matter of fact, be established without crossing the “threshold of gravity” thought to be established by Article 46 of the Rome Statute. If the complainant now elects to pursue a formal harassment complaint under Administrative Instruction ICC/AI/2005/005, then it would be desirable for these matters to be taken into account by the Administration in assessing whether it should raise barriers, such as time limits, in order to prevent this course being pursued.

  Keywords:

  conflict of interest; necessity;