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Independence and Impartiality of the International Criminal Judiciary

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Chapter Summary

Laïty Kama presided over the first international prosecution for the crime of genocide, that of Jean-Paul Akayesu. The pronouncements in that case set out many of the principles that have been applied in subsequent rulings of the International Criminal Tribunal for Rwanda, the International Criminal Tribunal for the former Yugoslavia, reports of international commissions of inquiry and experts, and decisions of national tribunals. The United Nations principles require that "[t]he term of office of judges, their independence, security, adequate remuneration, conditions of service, pensions and the age of retirement shall be adequately secured by law". The law applicable to the three international criminal tribunals established by the United Nations with respect to independence and impartiality of the judiciary is quite simply inadequate. Some of these inadequacies are evident from even a casual comparison with the Rome Statute of the International Criminal Court.

Keywords: International Criminal Tribunal for Rwanda; International Criminal Tribunal for the former Yugoslavia; Jean-Paul Akayesu; Laïty Kama; Rome Statute



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