INDEPENDENCE OF INTERNATIONAL COURTS; THE EXPERIENCE OF INTERNATIONAL COURT OF JUSTICE AND INTERNATIONAL CRIMINAL COURT
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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.
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