1- 1. Associate Professor, Law Department, University of Isfahan, Isfahan, Iran
2- 2. LLM in Criminal Law and Criminology, Ashrafi Isfahani University, Isfahan, Iran
Abstract: (10986 Views)
One of the fundamental criteria of a fair trail in the international criminal law is the right to be heard by an independent and impartial court. This general principle is respected by many international and regional human rights documents, and is emphasized upon greatly by the most legal systems of the contemporary world. There has been sufficient justification for application of judicial independence and impartiality by international judges and within the international hearings. The establishment of the International Criminal Court by the Rome Statute of 1998, and other related rules and regulations aim at guaranteeing the execution of this main principle. In spite of the great benefits, it seems that some amendments and revisions need to be done in order to make the principle more effective. This paper is an attempt to explain some important issues related to the independence of the International Criminal Court, and to identify some of its weak points.
Received: 2014/02/17 | Accepted: 2014/09/22 | Published: 2014/09/22