Applicability to international organisations

Notion(s) Filing Case
Decision on Request of NATO for Review - 15.05.2006 MILUTINOVIĆ et al.

11. Having found that the Trial Chamber did not err in holding that it could issue a binding Rule 54bis order to NATO, the Appeals Chamber considers that it has competence under Rule 108bis to review the Impugned Decision as it relates to NATO although Rule 108bis only provides for “a State” to request review. The Appeals Chamber recalls its holding above that a State may be interpreted under Article 29 and Rule 54bis to refer to a collective enterprise of States.[1] Furthermore, Rule 54bis (C)(i)(a) requires that a decision under that Rule “shall be subject to review under Rule 108bis.” Finally, because international organizations, like States, are not parties to proceedings before the International Tribunal such that they may appeal a Rule 54bis decision, fairness requires that international organizations must have the same right to seek a review of a Rule 54bis order issued against them as is enjoyed by individual States. (emphasis added).

[1] See supra para. 9.

[2] Rule 54bis (C)(i)(b)  and (ii) allows for a “party” to appeal a Rule 54bis decision. However, under Rule 2, parties are defined as the Prosecutor and the Defence.

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ICTY Rule Rule 108 bis