The Approach of the Statute of the International Criminal Court to the Principle of Judicial Independence

Abstract

In progressive criminal justice systems, a fair trial is one of the basic principles. One of the mechanisms to ensure this is the principle of judicial independence, which is explicitly emphasized in the Statute of the International Criminal Court. The present article, which examines the approach of the Statute of the International Criminal Court (adopted in 1994 with subsequent amendments) to the principle of judicial independence, after explaining the concept and mechanisms of guaranteeing judicial independence, examines the independence of the International Criminal Court and its pillars. Explains the mechanisms for the independence of judges in the Statute of the Court. The findings of this article indicate that the Statute of the International Criminal Court has been drafted taking into account the principles and criteria that ensure judicial independence; It reflects a high level of support for the principle of judicial independence of judges of the International Criminal Court. This international document, in addition to considering the structural independence of the Court and its most important pillars, namely the Assembly of States Parties and the Prosecutor of the Court, stipulates in independent articles the independence of judges in the performance of their duties and to achieve or guarantee this Independence, several important mechanisms include: avoiding activities that affect judicial duties; Avoid employment in professional occupations; The impossibility of reducing the salaries of judges during their tenure has provided for the non-renewal of the tenure of judges and the judicial immunity of judges of the Court.