International Journal For Court Administration Vol. 6 No. 2 Thirteenth Issue ISSN 2156-7964 Rwandan Gacaca Court Rwamagana District, Eastern Province, Rwanda IACA The Official Publication of the International Association For Court Administration www.iaca.ws International Association For Court Administration International Journal For Court Administration International Association For Court Administration IJCA is an electronic journal published on the IACA website (www.iaca.ws). As its name suggests, IJCA OFFICERS focuses on contemporary court administration and management. Its scope is international, and the Editors welcome submissions from court officials, judges, justice ministry officials, academics and others Cathy Hiuser whose professional work and interests lie in the practical aspects of the effective administration of justice. President Jeffrey A. Apperson Markus Zimmer Philip Langbroek Linda Wade-Bahr Chief Executive Officer Executive Editor Managing Editor Technical Editor Hon. Vladimir Freitas [email protected] [email protected] President-Elect Sheryl L. Loesch Andreas Lienhard Luis Maria Palma Anne Wallace Leisha Lister Chief Administrative Officer Journal Editor Journal Editor Journal Editor Journal Editor Carline Ameerali Vice President, Europe Editorial Board IACA Journal Norman Meyer Vice President, North America Dr. Pim Albers, Senior Project Leader, Institute for Global Justice, The Hague, The Netherlands Andrew Phelan Jeffrey A. Apperson, Vice President for International Affairs NCSC, Virginia, USA, IACA Board Executive CEO Vice President, South Asia & Australia Dr. Carl Baar, Professor Emeritus, Brock University Adjunct Professor of Political Science, York University, Toronto, Collin Ijoma, Ontario, Canada Vice President, Africa Dr. Dacian Dragos, Jean Monnet Associate Professor, Centre for Good Governance Studies, Babes Bolyai University, Cluj-Napoca, Romania Mark Beer Dr. Marco Fabri, Director, Research Institute on Judicial Systems, National Research Council, Italy Vice President, Middle East Hon. Vladimir Freitas, Justice, (Ret.) Tribunal Federal a4a Regieo, Brazil Pam Harris Dr.Péter Hack, Associate Professor Faculty of Law, ELTE University, Budapest, Hungary Vice President, International Associations Dr. Ingo Keilitz, Principal Court Research Consultant, USA Hon. Eldar Mammadov Daniel Kettiger, Researcher and Attorney at Law, Center of Competence for Public Management, University of Bern, Vice President, Central Asia Switzerland Luis Maria Palmo Dr. Barry Mahoney, President Emeritus, The Justice Management Institute, USA Vice President, South & Latin America Dr. James (Jim) McMillan, Director - Court Technology Laboratory, National Center for State Courts, USA Alice Rose Thatch Dr. Fan Mingzhi, Vice-Director of China Justice Academy, Beijing, China Dr. Gar Yein Ng, Assistant Professor, Central European University, Budapest, Hungary Vice President, Corporate Sponsorship Dr. Brian Ostrom, Principle Court Research Associate, National Center for State Courts Joseph Bobek Hon. Abdul Karim Pharaon, Justice, Court of Cassation, United Arab Emirates Chief Financial Officer Andrew Phelan, Chief Executive & Principal Registrar, High Court of Australia, Australia Noel Doherty Professor Dr. Greg J. Reinhardt, Executive Director, AIJA, Melbourne, Australia Historian Marcus W. Reinkensmeyer, Acting Director, Court Services Division, Administrative Office of the Courts, Arizona, USA Linda Wade-Bahr Hon. Dr. Johannes Riedel, President, Court of Appeal (Higher Regional Court), Cologne, Germany Chief Technology Officer David Steelman, Principal Court Management Consultant, National Center for State Courts, Virginia, USA Riaz Haider Donna Stienstra, Senior Researcher, Research Division, The Federal Judicial Center, Washington, D.C, USA Dr. Anne Wallace, Head, School of Law & Justice, Edith Cowan University, Perth WA., Australia Membership Committee Chair Dr. Elizabeth C. Wiggins, Senior Researcher, Research Division, Federal Judicial Center, Washington, DC, USA Philip M. Langbroek Managing Journal Editor Julia Ricketts Secretary ADVISORY COUNCIL Markus B. Zimmer, Chair Founding President of IACA The International Journal For Court Administration is an initiative of IACA's Executive Board and its diverse membership. The Journal is an effective communications H.E. Sotheavy Chan vehicle for the international exchange of experiences, ideas and information on court Justice Ministry, Cambodia management, and contributes to improving the administration of justice in all Hon. Delia M. Carrizo Martínez Superior Tribunal Second Judicial District, countries. The collective international experience of its Executive Board and Editors Panama has been that every judicial system, even in countries in the earlier stages of Mary McQueen transition, has elements to it that may be of interest to others. The variations in National Center for State Courts, practice and procedure from one region of the world to another, from one court USA system to another, also reveal major similarities across all systems. IJCA serves as a Hon. Diarmuid O’Scannlain resource for justice system professionals interested in learning about new and U.S. Court of Appeals, USA innovative practices in court and justice system administration and management, in Hon. Karim Pharon common law, continental, and Shari'ah-based legal systems throughout the world. Supreme Court, Emirate of Abu Dhabi, UAE The Editors publish two issues per year. Hon. Takdir Rahmadi Supreme Court, Republic of Indonesia The Editors welcome submissions from court officials, judges, justice ministry officials, Hon. Dr. Johannes Riedel academics and others whose professional work and interests lie in the practical Court of Appeal, Germany aspects of the effective administration of justice. To view the Editorial Policy and Hon. Takdir Rahmadi Supreme Court, Republic of Indonesia Procedures for Submission of Manuscript and Guidelines for Authors, visit the IACA Professor Gregory Reinhardt website (www.iaca.ws) and chose IACA Journal. Australian Institute of Court Administrators, Australia The Journal accepts advertising from businesses, organizations, and others relating to Hon. Maja Tratnik court and justice systems by way of services, equipment, conferences, etc. For rates, Supreme Court, Republic of Slovenia standards, and formats, please contact one of the editors. In this issue: From the Executive Editor: From the Editor The Role Of Judicial Accountability In Achieving Institutional By Luis Maria Palma Independence ………………………………….………………… 1 By Markus Zimmer Professional Articles: In mid-November, I spent two weeks at Court Administrators and the Judiciary - the Documentation Center for Cambodia in Phnom Penh working on a Partners in the Delivery of Justice By Wayne Martin new genocide memorial institute to …………………………………………….……… 3 honor the memory of the victims of the 1975-1979 Khmer Rouge reign of The Supreme Court of the United Kingdom terror.1 While there, I was reminded of (UKSC), an Exploration of the Roles of the significant progress the global Judicial Officers and Court Administrators community has made in bringing to and how the Relationship between them may justice the perpetrators of genocide and be improved and enhanced: a Case Study mass crimes against humanity in the By William Arnold 20th Century. This global initiative commenced with the special military tribunals ………………………………..…….………….. 19 convened in Nurnberg, Germany from 1945 to 1949. Those tribunals conducted 13 trials whose defendants included not only leading Nazi Party officials and high- Academic Articles: ranking military, Schutzstaffel (SS) and Geheime Staatspolizei (Gestapo) officers but, in addition, an assortment of German industrialists, lawyers, doctors and other Performance Assessment In Courts - The civilians charged with aiding and abetting the institutional sponsorship of sustained Swiss Case - Constitutional Appraisal And ethnic cleansing. In the intervening seven decades, the global community, largely Thoughts As To Its Organization under the auspices of the United Nations, has established a variety of international By Prof. Dr. Andreas Lienhard criminal tribunals and hybrid courts to bring to justice senior-level criminal sponsors ………………………………….…….. 26 and conspirators of similar categories of mass violations of human rights that litter contemporary history and continue as I write. Using IT To Provide Easier Access To Cross- Border Legal Procedures For Citizens And Perhaps the primary moral issue that looms over this enterprise of pursuing justice Legal Professionals - Implementation Of A internationally is the extent to which thousands of lesser petty criminals, those who European Payment Order E-CODEX Pilot execute the orders of the senior leaders and engage in the raw violence that By George Pangalos, Ioannis Salmatzidis and Ioannis terrorizes and victimizes millions of innocent civilians, have managed to evade Pagkalos accountability. With few notable exceptions, governments of the subject countries …………………………….……...……….….... 43 have not pursued systematic criminal prosecution of these lesser criminals. Indeed, it is not unusual, when searching through directories of key government officials in Is Sky The Limit? Revisiting ‘Exogenous some of these countries, to discover among the names of incumbents those who Productivity Of Judges’ Argument functioned as secondary officials, either in the criminal regimes or their mercenary By Kamil Jonski and Daniel Mankowski forces, engaged in heinous