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- Title
The Composition of Judicial Benches, Disqualification and Excusal of Judges at the International Criminal Court.
- Authors
Abtahi, Hirad; Ogwuma, Odo; Young, Rebecca
- Abstract
While administrative matters such as the composition of Chambers and the capacity of a judge to hear a particular case have not, to date, attracted a high profile, they are inextricably connected to fundamental notions of fairness and judicial impartiality. This is the first comprehensive account of the practice of the International Criminal Court on such matters. In respect of the composition of Chambers, the authors set out the statutory scheme governing the structure of the Court’s judiciary, exploring recent amendments by the Assembly of States Parties, as well as examining the jurisprudence of the Presidency related to certain challenges concerning the composition of Chambers. Then, based on decisions of the Presidency and the judges of the Court in plenary, they examine the circumstances in which judges have sought to excuse themselves from participating in cases, as well as the only instance to date in which a party has sought the disqualification of a judge from a Chamber.
- Subjects
INTERNATIONAL Criminal Court; DISQUALIFICATION of judges; JUDICIAL recusal; FAIRNESS; FAIR trial; JURISPRUDENCE; JUDICIAL independence
- Publication
Journal of International Criminal Justice, 2013, Vol 11, Issue 2, p379
- ISSN
1478-1387
- Publication type
Article
- DOI
10.1093/jicj/mqt005