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 language | English |
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Title of host publication | Annotated Leading Cases of International Criminal Tribunals. Volume 44: Extraordinary Chambers in the Courts of Cambodia 11 December 2009 - 23 March 2011 |
Editors | Andre Klip, Steven Freeland |
Place of Publication | U.K. |
Publisher | Intersentia |
Pages | 134-138 |
Number of pages | 5 |
ISBN (Print) | 9781780681818 |
Publication status | Published - 2015 |
Keywords
- judges
- disqualification
- Extraordinary Chambers in the Courts of Cambodia