Week 8b

• International Civil Service Law, also known as international administrative law, regulates the employment conditions of around 200,000 International Civil Servants (ICS), including 37,000 in the UN Secretariat
• The relevance of ICS Law lies in ensuring the rule of law within the administration, the necessity of motivated and competent staff members for organizations to fulfill their missions, and the requirement for expertise in ICS law for law-related jobs within International Organizations (IOs)
• Sources of ICS Law include the contract of employment, Staff Regulations and Rules, SG Bulletins/Administrative Instructions/Issuances, general principles of Civil Service Law (CSL) like acquired rights, Noblemaire and Flemming principles, the practice of the organization, case law of International Administrative Tribunals (IATs), and other rules of international law
• Geographic distribution of ICS staff faces the challenge of balancing wide representation within the Secretariat with independence, where eligibility may be limited to the nationality of Member States
• Issues regulated by ICS Law include harmonizing staff regulations and salary levels across International Organizations (IOs), decisions on financial entitlements, recommendations on professional salary scales and education grants, conducting cost-of-living surveys, and defining different grades of staff such as Professional, General Service, National Professional Officers, Field Service, and Senior Appointments
• Obligations of ICS staff include loyalty, discretion, conscience, being subject only to the authority of the UN Secretary-General, not taking instructions from any government or authority, not receiving a salary from any government, refraining from engaging in fraud or corruption, not participating in national elections, not engaging in harassment, complying with local laws, and honoring private legal obligations
• The nature of employment in ICS can be permanent or temporary, with permanent staff having more independence, safeguards, and efficiency in principle, while temporary staff, like in the OPCW, have easier dismissal and more contact with the outside world; consultants are non-staff and not subject to privileges and immunities, and there are also opportunities for internships
• Independence is a cornerstone of ICS, where staff members, including the Secretary-General, should not seek or receive instructions from any government or external authority, refrain from actions that might reflect on their position as international officials, and Member States should respect the exclusively international character of their responsibilities and not seek to influence them
• In practice, this means staff members are not government delegates, Member States cannot interfere with the selection process, staff enjoy privileges like exemption from taxation and immunities that are absolute for official acts and limited for others, which may be waived