3 Institutional Structure and the Position of Members, 3.2 Prosecutor v Duško Tadić, Decision on the defence motion for interlocutory appeal on jurisdiction, IT-94-1-AR72, Appeals Chamber of the International Criminal Tribunal for the former Yugoslavia, 2 October 1995

Subject(s):

Judges — Membership of international organizations — International organizations, practice and procedure — Responsibility of international organizations

The principle of the attribution, or conferral, of powers is undisputed and lies at the heart of debates on the competences of international organizations. A more specific question concerns whether and to which extent organs of an international organization may establish other organs. The importance of the case analysed in the present Chapter, is that it reveals that the competence of an organ to decide on it own competence may be far-reaching. The question arose whether the United Nations Security Council had not exceeded its powers by establishing the International Criminal Tribunal for the Former Yugoslavia in the year 1993.