Judgment No. 4361

• Organization: International Criminal Court (ICC)
• Date: 07.12.2020
• Original: English
• Judges: Frydman, Barbagallo, Moore
• Full judgment text - Full judgment text (french)

Decision

The complaint is dismissed.

Summary

The complainant challenges the decision to suspend her pending the outcome of a disciplinary procedure.

Judgment keywords

Keywords

disciplinary procedure; suspension; complaint dismissed

Consideration 10

Extract:

[T]he Tribunal has long recognised that the principle of equal treatment cannot be invoked to protect misconduct (see Judgment 3575, consideration 5, and the cases cited therein). By parity of reasoning, it cannot be invoked in relation to suspension during investigation of misconduct.

Reference(s)

ILOAT Judgment(s): 3575

Keywords

equal treatment; misconduct

Consideration 12

Extract:

Judgment 3863, consideration 13, clearly establishes that suspension can take place at the outset and can occur before the investigation of the allegations and there is no violation of due process rights for this to occur (see also Judgments 3502, consideration 17, and 3138, consideration 10).

Reference(s)

ILOAT Judgment(s): 3138, 3502, 3863

Keywords

suspension