Independence of International Courts; the Experience of International Court of Justice and International Criminal Court

Publication Information

Journal Title: Journal of Legal Studies & Research
Author(s): Queen David
Published On: 18/11/2022
Volume: 8
Issue: 6
First Page: 159
Last Page: 175
ISSN: 2455-2437
Publisher: The Law Brigade Publisher

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Cite this Article

Queen David, Independence of International Courts; the Experience of International Court of Justice and International Criminal Court , Volume 8 Issue 6, Journal of Legal Studies & Research, 159-175, Published on 18/11/2022, Available at https://jlsr.thelawbrigade.com/article/independence-of-international-courts-the-experience-of-international-court-of-justice-and-international-criminal-court/

Abstract

The notion of independence of international courts requires a court to make decisions based on the merits of the case and not on any hidden motives or political considerations. Independence of international courts triggers considerations around the court’s structure, with the central demand is that, states, individual personal, NGOs, international organizations, and corporations must not interfere with the function of the courts.  Moreover, independence of international courts goes beyond court’s structure in the sense that, judges should enjoy individual independence in performing their functions as judges. In other words, judge should reach the decision of the case without favour, influence, ill-will, or public pressure.

In this context, this article addresses the independence of the international courts specifically, the International Court of Justice and International Criminal Court, both in terms of and funding of the courts, nomination, selection, election, re-election, tenure of the ICJ and ICC judges, and how each process can undermine the independence of international court.

Keywords: International courts (ICs), International Court of Justice (ICJ), International Criminal Court (ICC), Independence of International Courts, independence of Judges.

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