The independence of international judges: between myth and reality
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We have outlined the concept of the independent international magistrate. They are called upon to apply the law in complete independence, which is why we have backed this up with a series of guarantees of independence that can enable them to dispense justice with complete peace of mind, in particular the method of appointment, the oath, the term of office, security of tenure and dismissal, incompatibilities, etc., on the one hand; and on the other hand their personal, functional and institutional independence. However, this principle is subject to certain limits that are well defined in severa...
We have outlined the concept of the independent international magistrate. They are called upon to apply the law in complete independence, which is why we have backed this up with a series of guarantees of independence that can enable them to dispense justice with complete peace of mind, in particular the method of appointment, the oath, the term of office, security of tenure and dismissal, incompatibilities, etc., on the one hand; and on the other hand their personal, functional and institutional independence. However, this principle is subject to certain limits that are well defined in several international legal instruments: the independence of judges and courts is never based on a model of radical separation. Thus, inspired by the ideas of Judge Mohammed Bedjaoui, who was President of the World Court, and Professor Alain Pellet, we believe that for the sound and fair administration of international justice, the legality of the decisions of the Security Council, which has been exposed as an obstacle to justice, must be reviewed.
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