The judges in the tribunal are given an administrative rank, and protocol status, which is below
Assistant Secretary General. The relatively low rank of judges, according to the
New York Times, makes those higher in the UN hierarchy feel that it is "beneath them" to answer to the tribunal. As indicated on Article 4(12) of the statute of the Dispute Tribunal, the judges of the Dispute Tribunal shall be considered officials other than secretariat officials under the Convention on the Privileges and Immunities of the United Nations. Judges do not have the power to declare people who do not do their bidding in
contempt of court, and are thus dependent on the
UN Secretariat to act in good faith in its dealings with the tribunal. Judge
Michael F. Adams, an Australian judge, at the end of his tenure in the tribunal commenting on accountability in UN system observed "Someone in the position of
Under Secretary General is never confronted with the requirement that particular questions be answered." There have been cases in which the orders of the judge to produce documents and witnesses, have been ignored by the United Nations. The United Nations response to the tribunal has, its critics argue, been contradictory, even hypocritical, in view of the organizations standing as the international guardian and promoter of
rule of law. George Irving, a former lawyer with over 30 years of experience in the UN Justice system, said, "The organization has to decide from the S.G. on down whether this is an organization that respects the rule of law or not". == UNDT judges ==