Judicial Independence in the Hague and Freetown: A Tale of Two Cities

Leiden Journal of International Law, Vol. 21, pp. 113-129, 2008

Posted: 27 Feb 2008

See all articles by Yuval Shany

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology; Israel Democracy Institute

Sigall Horovitz

Hebrew University of Jerusalem, Truman Institute for the Advancement of Peace

Abstract

This note evaluates the application of rules on judicial independence and impartiality in two international decisions issued in 2004 - the ICJ Order on Composition in the Wall Advisory Proceedings and the disqualification decision of the Special Court for Sierra Leone in Sesay - and compares them with a code of judicial conduct recently prepared by an ILA study group (the Burgh House Principles on the Independence of the International Judiciary). We assert that the approach taken by the ICJ in Wall is excessively restrictive and is out of step with contemporary tendencies to embrace stricter standards of judicial independence and impartiality.

Keywords: disqualification of judges, International Court of Justice, judicial impartiality, judicial independence, mixed international criminal tribunals, Special Court for Sierra Leone, Wall Advisory Opinion

JEL Classification: K33

Suggested Citation

Shany, Yuval and Horovitz, Sigall, Judicial Independence in the Hague and Freetown: A Tale of Two Cities. Leiden Journal of International Law, Vol. 21, pp. 113-129, 2008 , Available at SSRN: https://ssrn.com/abstract=1098812

Yuval Shany

Hebrew University of Jerusalem - Faculty of Law and Institute of Criminology ( email )

Mount Scopus
Mount Scopus, IL 91905
Israel
972 2 5882541 (Phone)
972 2 5823042 (Fax)

Israel Democracy Institute ( email )

4 Pinsker St.
Jerusalem
Israel

HOME PAGE: http://www.idi.org.il

Sigall Horovitz (Contact Author)

Hebrew University of Jerusalem, Truman Institute for the Advancement of Peace ( email )

Mount Scopus
Jerusalem
Israel

Do you have negative results from your research you’d like to share?

Paper statistics

Abstract Views
959
PlumX Metrics