Removal of the head of a multilateral organization-independence of international organizations and their secretariats - political interference by member states in the operation of international organizations

摘要

On July 16, 2003, the Administrative Tribunal of the International Labour Organization (ILO) found that Jose Bustani was unlawfully dismissed from the post of director-general of the Organisation for the Prohibition of Chemical Weapons (OPCW) in April 2002. In reaching this conclusion, the Tribunal affirmed the importance of the independence of international organizations and their secretariats, and condemned political interference by member states in their workings. The OPCW was established in 1997 under the 1993 Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on Their Destruction (CWC). Pursuant to the CWC the parties undertake not to develop, produce, or otherwise acquire chemical weapons; not to use chemical weapons or assist anyone in acquiring them; and to destroy, pursuant to the terms of the CWC, chemical weapons in their possession. The OPCW's mission is to work toward the complete elimination of chemical weapons. It aims to achieve this objective by (1) creating a credible, transparent regime for verifying the destruction of chemical weapons by states parties to the CWC, (2) providing protection and assistance against chemical weapons, (3) encouraging international cooperation in the peaceful uses of chemistry, and (4) bringing about universal participation in the OPCW. The OPCW has three organs: the Conference of the States Parties (Conference), the Executive Council (Council), and the Technical Secretariat, headed by the director-general.