
Since the publication yesterday of my article examining the governance crisis inside the International Seabed Authority (ISA), two developments have now emerged that further intensify the concerns surrounding the current administration of the Secretariat
The ISA has released a series of Joint Appeals Board (JAB) judgments addressing disputes arising from Secretary-General Leticia Carvalho’s January 2025 decisions. At the same time, an unlawful diplomatic note verbale has been circulated to Member States announcing the conclusion of a disciplinary proceeding against a staff member and the individual’s separation from service for alleged serious misconduct.
First, the publication of the JAB judgments does little to resolve the central concern raised in the article. A first-level review body (the JAB) that has been dismantled at the very moment staff members sought to challenge administrative decisions, and subsequently reconstituted under the authority of the very official whose actions it is supposed to review, cannot reasonably be expected to command confidence as an independent adjudicative mechanism.
Institutional justice systems in international organizations rest on a basic principle: independence from the administration whose decisions are under review. Where the administration dissolves the review body during active disputes and subsequently re-establishes it under conditions that raise legitimate concerns regarding composition, remuneration and structural dependence, the credibility of the mechanism inevitably comes into question.
The ISA Joint Appeals Board is not a judicial tribunal but a first-instance advisory body whose members are appointed within the institutional framework of the Secretariat. As such, it operates within the administrative structure whose decisions it is tasked with reviewing, a structural arrangement that inevitably raises questions about the level of independence such a mechanism can realistically provide.
Those concerns are further compounded by the remuneration framework reportedly introduced for members of the Board. Unlike judicial tribunals whose judges are appointed through formal intergovernmental processes and whose remuneration is determined by governing bodies such as the General Assembly of the United Nations Secretariat (for UNDT/UNAT), the payment structure for JAB members appears to have been established administratively and financed from within the very institution whose decisions the Board is asked to review.
In systems of administrative justice, independence does not depend solely on the good faith of the individuals involved; it depends on institutional safeguards that prevent even the appearance of administrative influence. Where the review body is appointed, organized and remunerated through mechanisms controlled by the same administration whose decisions are under challenge, the perception of institutional dependence becomes difficult to avoid.
A Justice System Without Independence
What makes this situation particularly striking is that the structural weaknesses of such peer-review mechanisms have long been acknowledged across the United Nations system itself. In its 2023 system-wide review of pre-tribunal appeal mechanisms, the Joint Inspection Unit (JIU) observed that many organizations continue to rely on peer review bodies composed largely of internal staff members rather than professional judges. As the Inspectors noted:
“most pre-tribunal appeal bodies are composed of staff members serving on a part-time basis who are not necessarily legally trained” (JIU/REP/2023/2).
The JIU report further warns that the institutional design of these mechanisms raises structural concerns regarding both independence and efficiency. As the Inspectors explain:
“the peer-review nature of many pre-tribunal bodies raises concerns about potential conflicts of interest, delays in the process and the lack of professionalization of the review function” (JIU/REP/2023/2).
These concerns are not new. The report notes that several organizations within the United Nations system have already moved away from such peer-review models precisely in order to strengthen institutional safeguards. As the Inspectors observe:
“a number of organizations have already moved away from the traditional peer-review model towards more professionalized mechanisms in order to strengthen independence, legal expertise and the credibility of the review process” (JIU/REP/2023/2).
The United Nations itself undertook such a reform in 2009, when:
“the reform of the United Nations internal justice system in 2009 replaced the previous peer-review bodies with a two-tier tribunal system composed of independent judges” (JIU/REP/2023/2).
Recognizing these structural weaknesses, the JIU Inspectors further recommended that organizations strengthen the professionalism and independence of their pre-tribunal review systems:
“..executive heads should ensure that pre-tribunal mechanisms are adequately professionalized and supported by qualified legal expertise in order to improve the quality, independence and credibility of the review process”.
It was precisely these concerns that led the United Nations Secretariat to abandon this model in 2009. The UN replaced the former Joint Appeals Boards and Joint Disciplinary Committees with a fully professionalized two-tier judicial system composed of the United Nations Dispute Tribunal and the United Nations Appeals Tribunal, staffed by independent judges and supported by a professional registry and legal infrastructure.
Seventeen years later, however, several international organizations including the International Seabed Authority continue to operate internal justice systems that rely on variations of the very peer-review structure the United Nations itself concluded could not guarantee sufficient independence or credibility.
Against that broader institutional backdrop, the events surrounding the dissolution and subsequent reconstitution of the ISA Joint Appeals Board become even more troubling. A review body whose members are appointed within the Secretariat, whose functioning depends on administrative arrangements determined by the executive leadership, and whose remuneration is set and financed by that same administration, inevitably raises questions about whether it can function as a genuinely independent safeguard for staff members seeking to challenge administrative decisions.
Weaponizing the Publication of the JAB Judgments
The circumstances surrounding the sudden publication of these Joint Appeals Board judgments raise additional concerns that cannot be ignored.
First, the timing itself is highly questionable. Publishing judgments at this specific moment inevitably creates the impression that these decisions are being used not merely as legal documents but as instruments in an ongoing institutional and political debate.
Second, the publication occurs while the legality of the dismantling and reconstitution of the Joint Appeals Board itself remains under dispute and is currently subject to appeal before the United Nations Appeals Tribunal. Releasing judgments under these circumstances risks presenting contested findings as settled conclusions while the underlying institutional legality of the body issuing them remains under judicial review.
Third, questions have already been raised regarding the financial incentives introduced for members of the Board, arrangements that did not previously exist and which have already been criticised for potentially undermining perceptions of independence and impartiality.
There is also a basic procedural issue. Neither the Staff Regulations and Rules nor the JAB Rules of Procedure appear to provide any explicit legal basis for the publication of JAB judgments. In most international organizations operating Joint Appeals Boards, such decisions are not published at all. The absence of any governing framework regulating publication, anonymity or redaction leaves these matters entirely to ad hoc discretion.
This stands in sharp contrast to the United Nations internal justice system, where the United Nations Dispute Tribunal and the United Nations Appeals Tribunal are explicitly mandated by the General Assembly to publish their judgments in order to ensure transparency, consistency of jurisprudence and institutional accountability.
The sudden decision to publish selected judgments of the ISA Joint Appeals Board, a body that the Secretary-General herself dismantled and subsequently reconstituted, therefore raises obvious questions. Rather than serving transparency, the timing and selectivity of this publication give the impression of an administration attempting to weaponize a contested internal mechanism in what increasingly resembles a deeply unequal struggle between the Secretariat and the staff members it has chosen to forcibly remove.
In this case, the order authorizing publication appears to have been issued by the Chair of the JAB alone, without deliberation by the Board as a whole.
Equally troubling is the selective transparency surrounding the ISA’s internal jurisprudence. No JAB judgments or orders appear to have been published prior to 2025, leaving observers unable to assess how the newly constituted Board may have altered the jurisprudence of the body.
Concerns have also been raised regarding serious mischaracterizations of the factual record, including the omission from the judgment’s procedural history of the suspension of action proceedings that preceded the appeal.
Finally, the handling of redactions raises further questions. In the published judgment, the names of the Respondent and of a JAB member whose disqualification had been requested were redacted, while the names of the appellants appear unredacted throughout the document. Such asymmetry inevitably raises questions about the consistency of the Board’s approach to protecting personal identities and reputational interests.
Taken together, these circumstances strongly suggest that the publication of these judgments was not intended to enhance transparency but to advance a particular administrative narrative.
The Unlawful Note Verbale to ISA Member States
In a striking new development, the Secretary-General has circulated a diplomatic note verbale to Member States announcing that a disciplinary proceeding has been concluded and that a staff member has been separated from service for alleged serious misconduct.
The timing of this communication also raises legitimate questions. The note verbale is dated 6 March 2026, only days before the opening of the International Seabed Authority Council meeting during the ISA’s 31st session.
Issued at such a moment, the communication strongly suggests that the Secretary-General is struggling to contain the governance crisis now unfolding within the Secretariat. Rather than restoring confidence in the organisation, the decision to circulate such a communication risks further eroding accountability within the ISA by disregarding basic procedural safeguards and publicly casting suspicion on individuals who have challenged or criticised the current management of the organization.
Such a communication raises profound procedural concerns.
Disciplinary proceedings within international organizations are governed by strict principles of confidentiality designed to protect both the integrity of the process and the rights of the staff member concerned. Publicly informing Member States of disciplinary measures taken against an individual staff member is not part of the established administrative practice within the United Nations system or comparable international organizations.
The circulation of a note verbale in these circumstances risks prejudicing the reputation of the staff member concerned while the individual retains a clear right of appeal through the organization’s internal justice mechanisms and, ultimately, before the United Nations Appeals Tribunal.
In any system governed by the rule of law, disciplinary determinations remain subject to judicial review until the appeals process has been exhausted.
Communicating such information to Member States before that process has concluded raises the question of whether the purpose of the communication is administrative transparency or the premature public condemnation of an individual who retains legal recourse.
This concern is not merely theoretical.
The jurisprudence of international administrative tribunals has repeatedly addressed the consequences of public communications that damage the reputation of staff members before judicial review has taken place.
A particularly relevant example can be found in ILO Administrative Tribunal Judgment No. 3613 (3 February 2016) concerning the Global Fund.
In that case, the Global Fund issued public communications announcing that a staff member had been terminated for unsatisfactory performance. The ILOA Tribunal (ILOAT) held that such conduct constituted an unlawful attack on the dignity and reputation of the individual concerned.
The Tribunal recalled the well-established principle that:
“International organisations are bound to refrain from any type of conduct that may harm the dignity or reputation of their staff members (Judgment 2861, under 91; see also Judgments 396, 1875, 2371, 2475 and 2720).
In this case, there can be no doubt that the announcement in the News Release and the statement in the 28 November 2012 letter that the complainant was terminated for unsatisfactory performance conveyed to readers that the complainant was incompetent and unfit to perform the duties of the Inspector General.
These communications were a serious affront to the complainant’s professional reputation and his dignity. The fact that the Global Fund sent an email to its staff members directing their attention to the News Release in circumstances where the complainant was not in a position to refute its contents further exacerbates the breach. It also constitutes a serious infringement of the complainant’s right to privacy. As stated in Judgment 2861, under 92, “[i]t is of the essence of a publication that reflects adversely on a person that it infringes on his or her privacy”.
The Tribunal concluded:
“The Tribunal concludes that there was no reasonable justification for stating in the News Release that the complainant was terminated let alone that he was terminated for unsatisfactory performance. In the circumstances, the Global Fund should have simply communicated the complainant’s departure in neutral terms, such as, an announcement that the complainant was leaving the Global Fund. “
The Tribunal ultimately found that the organization’s actions had caused:
“serious and irreparable harm to the complainant’s reputation and dignity and were a breach of his right to privacy.”
The Tribunal thus found:
“Based on the information provided to the Tribunal it is evident that the Global Fund’s actions in publishing the termination of the complainant’s employment and the reason for the termination and its refusal to remove the offending information from its website caused serious and irreparable harm to the complainant’s reputation and dignity and were a breach of his right to privacy.
This entitles the complainant to an award of moral damages as does the unlawful termination of his employment in the total amount of 150,000 Swiss francs.”
Further, the Tribunal ordered:
“Within seven days of the public delivery of this Judgment, the Global Fund shall remove the News Release from its website.”
This jurisprudence is directly relevant to the present situation.
By circulating a diplomatic note announcing the termination of a staff member for alleged misconduct while the individual retains the right to challenge the decision through internal justice mechanisms and judicial review, the administration risks creating precisely the type of reputational harm that international administrative tribunals have repeatedly condemned.
International organizations enjoy jurisdictional immunity from national courts on the understanding that they provide staff with effective internal justice systems that respect fundamental due process guarantees.
Among those guarantees is the obligation to refrain from conduct capable of damaging the professional reputation and dignity of staff members whose legal remedies have not yet been exhausted.
Taken together, these developments suggest that the governance crisis within the ISA Secretariat remains unresolved. Rather than restoring confidence in the Authority’s internal legal framework, recent actions appear to confirm the deeper institutional concerns raised in the original article.
The lesson from that ILOAT judgment is difficult to miss: Carvalho’s hurried attempts to silence critics and whistleblowers do not make problems disappear; they simply transform governance failures into legal findings and mounting financial liabilities.
