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A Human Rights Appraisal of the Limits to Judicial Independence for International Criminal Justice

Almqvist, Jessica LU (2015) In Leiden Journal of International Law 28(1). p.91-112
Abstract
The UN Security Council's involvement in the area of international criminal justice raises concerns about judicial independence. Of primary concern in this study is the degree to which this political organ has come to determine and restrict jurisdiction of international criminal tribunals, with the effect of excluding cases involving alleged grave crimes by actors whose presence in situations of which the Council is seized is supported by its permanent members. This control, it will be argued, undermines the basic conditions for a sound administration of justice, as it impedes these tribunals from selecting the cases that may come before them in accordance with respect for human rights and the rule of law. More specifically, restrictions... (More)
The UN Security Council's involvement in the area of international criminal justice raises concerns about judicial independence. Of primary concern in this study is the degree to which this political organ has come to determine and restrict jurisdiction of international criminal tribunals, with the effect of excluding cases involving alleged grave crimes by actors whose presence in situations of which the Council is seized is supported by its permanent members. This control, it will be argued, undermines the basic conditions for a sound administration of justice, as it impedes these tribunals from selecting the cases that may come before them in accordance with respect for human rights and the rule of law. More specifically, restrictions imposed by political organs, leading to unjustified unequal treatment before the law and the courts of perpetrators and victims of grave crime in a given situation, are contrary to principles of equality and non-discrimination. A theory of international judicial independence should therefore extend to a consideration of the legality of such restrictions and acknowledge it as an essential requirement of independence. (Less)
Please use this url to cite or link to this publication:
author
organization
publishing date
type
Contribution to journal
publication status
published
subject
keywords
Human rights, Mänskliga rättigheter
in
Leiden Journal of International Law
volume
28
issue
1
pages
91 - 112
publisher
CUP
external identifiers
  • scopus:84921876463
ISSN
0922-1565
DOI
10.1017/S0922156514000557
language
English
LU publication?
yes
id
2c25879e-8d83-4fff-bacc-e474e3c1d5b2
date added to LUP
2020-08-20 15:46:22
date last changed
2022-10-12 12:46:13
@article{2c25879e-8d83-4fff-bacc-e474e3c1d5b2,
  abstract     = {{The UN Security Council's involvement in the area of international criminal justice raises concerns about judicial independence. Of primary concern in this study is the degree to which this political organ has come to determine and restrict jurisdiction of international criminal tribunals, with the effect of excluding cases involving alleged grave crimes by actors whose presence in situations of which the Council is seized is supported by its permanent members. This control, it will be argued, undermines the basic conditions for a sound administration of justice, as it impedes these tribunals from selecting the cases that may come before them in accordance with respect for human rights and the rule of law. More specifically, restrictions imposed by political organs, leading to unjustified unequal treatment before the law and the courts of perpetrators and victims of grave crime in a given situation, are contrary to principles of equality and non-discrimination. A theory of international judicial independence should therefore extend to a consideration of the legality of such restrictions and acknowledge it as an essential requirement of independence.}},
  author       = {{Almqvist, Jessica}},
  issn         = {{0922-1565}},
  keywords     = {{Human rights; Mänskliga rättigheter}},
  language     = {{eng}},
  month        = {{01}},
  number       = {{1}},
  pages        = {{91--112}},
  publisher    = {{CUP}},
  series       = {{Leiden Journal of International Law}},
  title        = {{A Human Rights Appraisal of the Limits to Judicial Independence for International Criminal Justice}},
  url          = {{http://dx.doi.org/10.1017/S0922156514000557}},
  doi          = {{10.1017/S0922156514000557}},
  volume       = {{28}},
  year         = {{2015}},
}