Commentary on decisions relating to requests for disqualification of judges

Susan Forder

Research output: Chapter in Book / Conference PaperChapter

Abstract

Applications for judicial disqualification are nothing new at the ECCC. Like other international criminal tribunals, the ECCC accepts an independent and impartial tribunal as a fundamental part of a defendant's right to a fair trial. Rule 34(2) of the ECCC's Internal Rules allows parties to apply to have a judge or judges disqualified 'in any case in which the Judge has a personal or financial interest, or concerning which the Judge has, or has had, any association which objectively might affect his or her impartiality, or objectively give rise to the appearance of bias'. The rule therefore encompasses both actual bias and the appearance of bias.
Original languageEnglish
Title of host publicationAnnotated Leading Cases of International Criminal Tribunals. Volume 44: Extraordinary Chambers in the Courts of Cambodia 11 December 2009 - 23 March 2011
EditorsAndre Klip, Steven Freeland
Place of PublicationU.K.
PublisherIntersentia
Pages134-138
Number of pages5
ISBN (Print)9781780681818
Publication statusPublished - 2015

Keywords

  • judges
  • disqualification
  • Extraordinary Chambers in the Courts of Cambodia

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