Judicial Independence in The Hague and Freetown: A Tale of Two Cities

Yuval Shany, Sigall Horovitz

Research output: Contribution to journalArticlepeer-review

12 Scopus citations

Abstract

This note evaluates the application of rules on judicial independence and impartiality in two international decisions issued in 2004 – the ICJ Order on Composition in the Wall Advisory Proceedings and the disqualification decision of the Special Court for Sierra Leone in Sesay – and compares them with a code of judicial conduct recently prepared by an ILA study group (the Burgh House Principles on the Independence of the International Judiciary). We assert that the approach taken by the ICJ in Wall is excessively restrictive and is out of step with contemporary tendencies to embrace stricter standards of judicial independence and impartiality.

Original languageAmerican English
Pages (from-to)113-129
Number of pages17
JournalLeiden Journal of International Law
Volume21
Issue number1
DOIs
StatePublished - Mar 2008

Keywords

  • International Court of Justice
  • Special Court for Sierra Leone
  • Wall Advisory Opinion
  • disqualification of judges
  • judicial impartiality
  • judicial independence
  • mixed international criminal tribunals

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