The United Nations and the (Internal) Administration of Justice

Author(s):  
Thomas Laker
2018 ◽  
Vol 1 (1) ◽  
pp. 89-106
Author(s):  
Servanne Woodward

The 1991 films of David Achkar, a French-Guinean filmmaker, and Raoul Peck, a Haitian filmmaker whose family spent many years in the Congo, intersect around Patrice Lumumba (1925-1961), the first Congolese prime minister and victim of a political murder. Both films remain intensely personal if not intimate. Achkar is reminiscent of Beckett in the depiction of “waiting for” an occurrence ever differed. What is haunting about Achkar’s quest is that the filmmaker is in search of his father Marof David Achkar (1930-1971), a choreographer of the Keïta Fodeba “Ballets Africains” (1955-1960) and cultural counsellor to the Guinean embassy in Washington (1960-1964). Marof had replaced Telli Diallo at the United Nations (1964-1968) when he worked against apartheid in South Africa; in 1968 U. Thant (secretary to the United Nations) recommended him to a post of high commissioner to the World Organization in Namibia, a proposal rejected by Sékou Touré (elected as the first President of Guinea, serving from 1958 until his death in 1984) who recalled him to Conakry. Upon his return to Guinea, Marof Achkar was arrested and brought to camp Boiro, where he was tortured, made to sign charges of embezzlement and executed on January 25, 1971. At the time, David Achkar was a child — something of the child remains in the biography of his father. Beyond his father’s political ordeal is the first-hand demonstration of the personal impact the execution had on him; he connects more publicly and didactically with the administration of justice versus political murders in his last film, Kiti, justice en Guinée (1996). Both Achkar and Peck employ collages of family reels, documentaries, and film that may be inspired by Surrealism, a movement mentioned in Death of a Prophet (1991). Peck also moved toward a stronger Marxist message in his 2017 film about the German philosopher, and though he has done several documentaries, he is attached to the current relevance of legacies when he depicts Marx as appealing to today’s youth. In both 1991 films, the sliding distance of political heroes, from public careers to intimate family documents is further complicated by the filmmakers’ decision to intertwine plain autobiography to their biographies. They are working from the premises of affective encounters to create a sense of community. Eventually, Achkar and Peck raise issues about the philosophical nature of identity and the autobiography involved in the encounter with sacrificed or resurrected prophets as interpreted in Allah-Tantou—God’s Will be Done [À la grâce de Dieu] (1991) by David Achkar (1960-1998) and Death of a Prophet, by Raoul Peck (1954-present).


2011 ◽  
Vol 10 (3) ◽  
pp. 405-428 ◽  
Author(s):  
Louise Otis ◽  
Eric H. Reiter

Abstract This article surveys some emerging issues in the jurisprudence of the new United Nations Appeals Tribunal. Through an analysis of both procedural and substantive questions that the tribunal has faced in its first year (for example specific performance, production of documents, and whistleblower protection), the article offers an assessment of the implementation of the reform of the formal justice system of the United Nations. The developing jurisprudence of the tribunal will be an important indicator of the success or failure of the implementation of an independent system of justice within the United Nations.


2010 ◽  
Vol 7 (2) ◽  
pp. 261-275 ◽  
Author(s):  
Paolo Vargiu

AbstractIn 2009 the United Nations launched a new two-tier system of administration of justice. The system is composed of two standing bodies, the United Nations Dispute Tribunal (UNDT) and the United Nations Appeals Tribunal (UNApT), the latter acting as an appeals mechanism against decisions of the UNDT. The former system foresaw the United Nations Administrative Tribunal (UNAT) as the sole body of administration of justice within the UN, while the International Court of Justice (ICJ) acted as review mechanism on the decisions of the UNAT. However, this review system was abolished in 1995 and, since then, no option was available to unsuccessful (or partially successful) staff members for having a UNAT judgment reviewed. The lack of any option for review led to criticisms and instances for reform of the whole system, which eventually led to the establishment of a Redesign Panel, which suggested the establishment of a two-tier system of administration of justice, with the aim of meeting the 'basic standards of due process established in international human rights instruments'. The recently established Appeals Tribunal should fill the gap created by the abolition of the ICJ competence to review the judgments rendered by the UNAT. This article evaluates the improvement to the system represented by the establishment of the United Nations Appeals Tribunal in three main steps. The first is the identification of the shortcomings of the previous review mechanism before the ICJ. The second is the overview of the problems of the former system of administration of justice within the UN. The third and final step is the analysis of the scope of jurisdiction of the new UNApT.


2009 ◽  
Vol 8 (2) ◽  
pp. 181-224 ◽  
Author(s):  
Phyllis Hwang

AbstractFor nearly six decades, the administration of justice system at the United Nations has been comprised primarily of the Joint Appeals Boards, the Joint Disciplinary Committees and the UN Administrative Tribunal. In July 2009, these bodies will be dismantled and replaced with an entirely new system. This article will first describe the basic features of the administration of justice system at the United Nations that existed prior to July 2009. It will then review the history of efforts to reform the system, leading up to the proposals of the Redesign Panel issued in August 2006. It will also look at similar initiatives implemented by other intergovernmental organizations to reform their own internal justice systems in recent years. Finally, the article will highlight the main elements of the new administration of justice system, as approved by the General Assembly in 2007-2008, and examine its implications for UN staff members in the future.


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