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Judges Commons

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International Law

2014

Bias

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International Criminal Trials And The Disqualification Of Judges On The Basis Of Nationality, Milan Markovic Jan 2014

International Criminal Trials And The Disqualification Of Judges On The Basis Of Nationality, Milan Markovic

Washington University Global Studies Law Review

Judges who sit on the International Criminal Court (“ICC”) and other international criminal tribunals (“ICTs”) are nationals of particular states and are elected to serve largely on the basis of their nationality. Since the advent of the Nuremberg Tribunal, however, ICTs have perpetuated the notion that national identity is irrelevant to a judge’s performance of his or her duties.

This Article will contend that judges at the ICC and other ICTs should not preside over trials concerning crimes allegedly committed by or against their fellow nationals. Judges should also consider recusing themselves from cases that strongly implicate the interests ...