The Independence And Impartiality Of The ‘International Judiciary’

Abstract

This chapter begins with a discussion of the terms 'judicial independence' and 'impartiality'. It includes some preliminary observations regarding the relationship between judicial independence and impartiality, and the allied notion of accountability. The chapter then examines the applicability of those principles to the international judiciary. The principles of judicial independence and impartiality are directed to ensuring that judges are empowered to exercise their decision-making powers according to the demands and imperatives of the judicial method. By constructing an understanding judicial independence in terms of its role as a means of maintaining judicial impartiality one has sought to provide a more refined understanding of the character and scope of both concepts. The chapter describes the extent to which these principles apply to the international judiciary. Keywords: impartiality; international judiciary; judicial independence