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International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors

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International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors The Independence and Accountability of Judges, Lawyers and Prosecutors and Prosecutors The Independence and Accountability of Judges, Lawyers A country’s judicial system is central to the protec- tion of human rights and the preservation of the rule of law. Judges, lawyers and prosecutors play a major role in ensuring that victims of human rights violations are protected and in bringing perpetrators of abuses to justice. Furthermore, they guarantee International Principles respect for the right to a fair trial. The judiciary is also responsible for ensuring that the executive and the on the Independence and legislature respect international human rights and the rule of law. Accountability of Judges, The aim of the guide is to provide legal practitioners Lawyers and Prosecutors and policy-makers with detailed and practical references on international standards on the independence of the judicial system. Part one of this guide provides an analysis of the law and concrete examples drawn from international practice. It also outlines the role to be played by an independent legal profession and an impartial and objective prosecuting authority. Part two includes all the relevant global and regional standards on the topic so as to facilitate easy reference. Practitioners Guide No. 1 Practitioners Guide No. 1 Guide No. Practitioners International Commission of Jurists P.O. Box 91 33 Rue des Bains CH-1211 Geneva 8 Switzerland ISBN 978-92-9037-118-8 9 789290 371182 The Independence and Accountability of Judges, Lawyers and Prosecutors and Prosecutors The Independence and Accountability of Judges, Lawyers A country’s judicial system is central to the protec- tion of human rights and the preservation of the rule of law. Judges, lawyers and prosecutors play a major role in ensuring that victims of human rights violations are protected and in bringing perpetrators of abuses to justice. Furthermore, they guarantee International Principles respect for the right to a fair trial. The judiciary is also responsible for ensuring that the executive and the on the Independence and legislature respect international human rights and the rule of law. Accountability of Judges, The aim of the guide is to provide legal practitioners Lawyers and Prosecutors and policy-makers with detailed and practical references on international standards on the independence of the judicial system. Part one of this guide provides an analysis of the law and concrete examples drawn from international practice. It also outlines the role to be played by an independent legal profession and an impartial and objective prosecuting authority. Part two includes all the relevant global and regional standards on the topic so as to facilitate easy reference. Practitioners Guide No. 1 Practitioners Guide No. 1 Guide No. Practitioners International Commission of Jurists P.O. Box 91 33 Rue des Bains CH-1211 Geneva 8 Switzerland ISBN 978-92-9037-118-8 9 789290 371182 International Commission of Jurists President The International Commission of Jurists (ICJ) is a non-governmental organization Justice Arthur CHASKALSON, South Africa devoted to promoting the understanding and observance of the rule of law and the Vice-Presidents legal protection of human rights throughout the world. It is headquartered in Geneva, Switzerland, and has 85 national sections and affi liated organizations. It enjoys Prof. Jochen A. FROwEIN, Germany Prof. Leila ZERROuGuI, Algeria consultative status in the united Nations Economic and Social Council, uNESCO, the executive Committee Council of Europe and the Organization of African unity. The ICJ maintains coopera- Justice Ian BINNIE, Canada Justice John dOwd, Australia (Chairperson) tive relations with various bodies of the Organization of American States. dr. Rajeev dHAVAN, India dr. Gustavo GALLÓN GIRALdO, Colombia Prof. Vojin dIMITRIJEVIC, Serbia Mr Stellan GÄRdE, Sweden Prof. Louise dOSwALd-BECK, Switzerland Mr Raji SOuRANI, Palestine Justice unity dOw, Botswana Other Commission Members Mr Raja AZIZ AddRuSE, Malaysia Ms Gladys Veronica LI, Hong Kong Prof. Abdullahi AN-NA’IM, Sudan Prof. Cecilia MEdINA QuIROGA, Chile Justice Solomy BALuNGI BOSSA, uganda Mr Kathurima M’INOTI, Kenya Ambassador Julio BARBOZA, Argentina Ms Karinna MOSKALENKO, Russia Prof. Alexander BRÖSTL, Slovakia Prof. Vitit MuNTARBHORN, Thailand Ms Christine CHANET, France dr. Pedro NIKKEN, Venezuela Ms Vera duARTE, Cape-Verde Prof. Manfred NOwAK, Austria Prof. Paula ESCARAMEIA, Portugal Prof. Andrei RICHTER, Russia Justice Elisabeth EVATT, Australia Justice Michèle RIVET, Canada Prof. Ruth GAVISON, Israel dr. Mary ROBINSON, Ireland Prof. Jenny E. GOLdSCHMIdT, Netherlands Sir Nigel ROdLEY, united Kingdom Lord william GOOdHART, united Kingdom Justice A.K.M. SAdEQuE, Bangladesh Ms Asma JAHANGIR, Pakistan Mr Claes SANdGREN, Sweden Ms Imrana JALAL, Fiji Mr Jerome SHESTACK, u.S.A. Prof. david KRETZMER, Israel dr. Hipolito SOLARI YRIGOYEN, Argentina Prof. Kazimierz Maria LANKOSZ, Poland Prof. daniel THÜRER, Switzerland P.O. Box 91 Honourary Members 33 Rue des Bains Arturo A. ALAFRIZ, The Philippines Justice Claire L’HEuREuX-duBÉ, Canada CH-1211 Geneva 8 P.N. BHAGwATI, India dr. Rudolf MACHACEK, Austria Switzerland dr. Boutros BOuTROS-GHALI, Egypt Prof. daniel H. MARCHANd, France E-mail: [email protected] Mr. william J. BuTLER, united States Mr. Norman S. MARSCH, united Kingdom www.icj.org Prof. Antonio CASSESE, Italy Mr. J.R.w.S.MAwALLA, Tanzania dato’ Param CuMARASwAMY, Malaysia Mr. Keba M’BAYE, Senegal dr. dalmo A. dE ABREu dALLARI, Brazil Mr. François-Xavier MBOuYOM, Cameroon Prof. Alfredo ETCHEBERRY, Chile Mr. Fali S. NARIMAN, India Mr. desmond FERNANdO, Sri Lanka Sir Shridath S. RAMPHAL, Guyana Mr. P. Telford GEORGES, Bahamas Mr. Bertrand RAMCHARAN, Guyana Justice Lennart GROLL, Sweden dr. Joaquín RuIZ-GIMÉNEZ, Spain Prof. Hans-Heinrich JESCHECK, Germany Prof. Christian TOMuSCHAT, Germany Prof. P.J.G. KAPTEYN, The Netherlands Mr. Michael A. TRIANTAFYLLIdES, Cyprus Justice Michael d. KIRBY, AC, CMG, Australia Prof. Theo VAN BOVEN, The Netherlands Prof. Kofi KuMAdO, Ghana dr. José ZALAQuETT, Chile dr. Jean Flavien LALIVE, Switzerland International Commission of Jurists President The International Commission of Jurists (ICJ) is a non-governmental organization Justice Arthur CHASKALSON, South Africa devoted to promoting the understanding and observance of the rule of law and the Vice-Presidents legal protection of human rights throughout the world. It is headquartered in Geneva, Switzerland, and has 85 national sections and affi liated organizations. It enjoys Prof. Jochen A. FROwEIN, Germany Prof. Leila ZERROuGuI, Algeria consultative status in the united Nations Economic and Social Council, uNESCO, the executive Committee Council of Europe and the Organization of African unity. The ICJ maintains coopera- Justice Ian BINNIE, Canada Justice John dOwd, Australia (Chairperson) tive relations with various bodies of the Organization of American States. dr. Rajeev dHAVAN, India dr. Gustavo GALLÓN GIRALdO, Colombia Prof. Vojin dIMITRIJEVIC, Serbia Mr Stellan GÄRdE, Sweden Prof. Louise dOSwALd-BECK, Switzerland Mr Raji SOuRANI, Palestine Justice unity dOw, Botswana Other Commission Members Mr Raja AZIZ AddRuSE, Malaysia Ms Gladys Veronica LI, Hong Kong Prof. Abdullahi AN-NA’IM, Sudan Prof. Cecilia MEdINA QuIROGA, Chile Justice Solomy BALuNGI BOSSA, uganda Mr Kathurima M’INOTI, Kenya Ambassador Julio BARBOZA, Argentina Ms Karinna MOSKALENKO, Russia Prof. Alexander BRÖSTL, Slovakia Prof. Vitit MuNTARBHORN, Thailand Ms Christine CHANET, France dr. Pedro NIKKEN, Venezuela Ms Vera duARTE, Cape-Verde Prof. Manfred NOwAK, Austria Prof. Paula ESCARAMEIA, Portugal Prof. Andrei RICHTER, Russia Justice Elisabeth EVATT, Australia Justice Michèle RIVET, Canada Prof. Ruth GAVISON, Israel dr. Mary ROBINSON, Ireland Prof. Jenny E. GOLdSCHMIdT, Netherlands Sir Nigel ROdLEY, united Kingdom Lord william GOOdHART, united Kingdom Justice A.K.M. SAdEQuE, Bangladesh Ms Asma JAHANGIR, Pakistan Mr Claes SANdGREN, Sweden Ms Imrana JALAL, Fiji Mr Jerome SHESTACK, u.S.A. Prof. david KRETZMER, Israel dr. Hipolito SOLARI YRIGOYEN, Argentina Prof. Kazimierz Maria LANKOSZ, Poland Prof. daniel THÜRER, Switzerland P.O. Box 91 Honourary Members 33 Rue des Bains Arturo A. ALAFRIZ, The Philippines Justice Claire L’HEuREuX-duBÉ, Canada CH-1211 Geneva 8 P.N. BHAGwATI, India dr. Rudolf MACHACEK, Austria Switzerland dr. Boutros BOuTROS-GHALI, Egypt Prof. daniel H. MARCHANd, France E-mail: [email protected] Mr. william J. BuTLER, united States Mr. Norman S. MARSCH, united Kingdom www.icj.org Prof. Antonio CASSESE, Italy Mr. J.R.w.S.MAwALLA, Tanzania dato’ Param CuMARASwAMY, Malaysia Mr. Keba M’BAYE, Senegal dr. dalmo A. dE ABREu dALLARI, Brazil Mr. François-Xavier MBOuYOM, Cameroon Prof. Alfredo ETCHEBERRY, Chile Mr. Fali S. NARIMAN, India Mr. desmond FERNANdO, Sri Lanka Sir Shridath S. RAMPHAL, Guyana Mr. P. Telford GEORGES, Bahamas Mr. Bertrand RAMCHARAN, Guyana Justice Lennart GROLL, Sweden dr. Joaquín RuIZ-GIMÉNEZ, Spain Prof. Hans-Heinrich JESCHECK, Germany Prof. Christian TOMuSCHAT, Germany Prof. P.J.G. KAPTEYN, The Netherlands Mr. Michael A. TRIANTAFYLLIdES, Cyprus Justice Michael d. KIRBY, AC, CMG, Australia Prof. Theo VAN BOVEN, The Netherlands Prof. Kofi KuMAdO, Ghana dr. José ZALAQuETT, Chile dr. Jean Flavien LALIVE, Switzerland International Principles on the Independence and Accountability of Judges, Lawyers and Prosecutors Practitioners Guide No. 1 © Copyright International Commission of Jurists, 2007 The ICJ permits free reproduction of
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