Internal Court of Arbitration

The Internal Court of Arbitration (the Court) is a principal organ of the International Organization for Identity Documents, established under Article 14(d) of the Charter and constituted in accordance with the Statute of the Internal Court of Arbitration. The Court is the sole judicial organ of the Organization and exercises independent, impartial jurisdiction over disputes arising within and under the institutional framework of the Organization.

Governing Instruments

Composition

The Court is composed of seven judges, no two of whom may be nationals of the same State. Judges serve for a term of six years and are eligible for re-election once. Staggered terms ensure continuity of institutional knowledge across judicial cycles.

Judges are persons of high moral character who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or who are jurisconsults of recognized competence in international law, identity document standards, data protection, or related fields.

Judges exercise their functions in full independence and may not seek or receive instructions from any government, organ of the Organization, or external entity. Before taking up duties, each judge makes a solemn declaration in open session to exercise their powers impartially and conscientiously.

The Court elects a President and Vice-President for renewable terms of three years. A Registrar administers the Court under the direction of the President.

Jurisdiction

Compulsory Jurisdiction

The Court exercises compulsory jurisdiction (jurisdiction that does not require the prior consent of the parties) over the following categories of dispute:

• Administrative disputes: disputes between officials of the Organization and the General Secretariat arising out of conditions of employment, termination, or disciplinary proceedings, following exhaustion of administrative remedies;
• Secretary-General removal proceedings: referrals by the General Council under Article 27 of the Statute, where the Court must deliver its determination within ninety days;
• Charter review proceedings: referrals by the Secretary-General under Article 28 of the Statute, where the Court delivers its determination within sixty days;
• Disputes between the General Council and the General Secretariat: institutional disputes referred under Article 32, paragraph 1(h), of the Charter.

Contentious Jurisdiction by Consent

The Court may exercise jurisdiction over disputes between Contracting Parties upon the consent of all parties to the dispute, in accordance with Article 32, paragraph 2, of the Charter.

Advisory Jurisdiction

The Court may deliver advisory opinions on any legal question at the request of the General Council, the Secretary-General, or the Technical Nominations Board. Advisory opinions are published and are binding where the requesting parties have agreed in advance to accept them as decisive.

Applicable Law

In the exercise of its jurisdiction, the Court applies, inter alia:

• The Charter of the Organization and all instruments adopted thereunder;
• The conventions of the Organization;
• General principles of international law;
• The Staff Regulations and terms of appointment of officials, in administrative disputes.

Procedure

Proceedings are governed by the Statute of the Internal Court of Arbitration and the Rules of Court. Key procedural features include:

• Institution: Proceedings are instituted by written application to the Registrar, stating the identity of the parties, the subject of the dispute, the basis of jurisdiction, the relief sought, and the supporting facts and arguments.
• Written proceedings: Memorial, counter-memorial, and such further pleadings as the Court may authorize, within time limits fixed by the Court.
• Oral proceedings: Hearings may be held at the request of a party or on the Court's own initiative. Hearings are public unless the Court decides otherwise.
• Provisional measures: The Court may indicate binding provisional measures at the request of a party, or proprio motu where urgency requires.
• Deliberations: Private and confidential. Decisions by majority vote; casting vote for the President in the event of a tie.
• Judgments: In writing, read in open session, final and without appeal except as provided in Article 25 of the Statute. Any judge may append a separate or dissenting opinion.

A quorum of five judges is required for any hearing or deliberation.

Published Determinations

All judgments, advisory opinions, and orders of the Court are published in the Judicial Registry, which forms a component registry of the Public Information Registry. The case register is available for public inspection subject to any order of confidentiality.

No determinations have yet been published. This section will be updated as the Court is constituted and proceedings commence.

Filing Information

For information on filing applications before the Internal Court of Arbitration, see Public Procedures.