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Reflections On The Independence And Impartiality Of International Judges

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Chapter Summary

This chapter discusses the need for an independent and impartial judiciary in the contemporary world. The right to a fair trial before an independent tribunal is also enshrined in the Universal Islamic Declaration of Human Rights. The United Nations General Assembly endorsed the 'Basic Principles on the Independence of the Judiciary' ('Basic Principles'), a set of minimum guidelines that all States ought to follow in ensuring that their own judicial systems implement their obligations under the ICCPR, which were also recognized as indispensable by the International Covenant on Economic, Social and Cultural Rights ('ICESCR'). The Rome Statute provides for the nomination of candidates to be made by any State Party, using either the procedure for nominating judges to the highest domestic judicial position or the procedure for nomination of judges to the International Court of Justice ('ICJ').

Keywords: ICCPR; ICESCR; impartial judiciary; independence; International Court of Justice



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