2011-Ģ��ƵAT-103

Ģ��ƵAT Held or Ģ��ƵDT Pronouncements

Ģ��ƵAT held that Ģ��ƵDT has the power to, as it did, refer a matter to the Secretary-General for investigation under Article 10(8) of the Ģ��ƵDT Statute. Ģ��ƵAT dismissed the appeal and held that all language in the Ģ��ƵDT judgment was obiter dictum or surplusage, except for the order itself, which Ģ��ƵAT affirmed in its entirety.

Accountability Referral: The Ģ��ƵAT affirmed the Ģ��ƵDT referral for possible action to enforce accountability.

Decision Contested or Judgment/Order Appealed

judgment No. Ģ��ƵDT/2010/030 referred to the failure of the Under-Secretary-General to conduct the preliminary investigation and his conduct before Ģ��ƵDT to the Secretary-General for investigation.

Legal Principle(s)

Language not necessary or relevant to the actual decision of a trial court may be disregarded as obiter dictum or surplusage.

Outcome

Appeal dismissed on merits

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

Applicants/Appellants

Abboud

Entity

Case Number(s)

Tribunal

Registry

Date of Judgement