Einde inhoudsopgave
Rome Statute of the International Criminal Court
Article 41 Excusing and disqualification of judges
Geldend
Geldend vanaf 01-07-2002
- Redactionele toelichting
Herplaatsing van het Statuut van 17-07-1998, Trb. 1999, 13.
- Bronpublicatie:
17-07-1998, Trb. 2000, 120 (uitgifte: 17-10-2000, kamerstukken/regelingnummer: -)
- Inwerkingtreding
01-07-2002
- Bronpublicatie inwerkingtreding:
26-07-2002, Trb. 2002, 135 (uitgifte: 01-01-2002, kamerstukken/regelingnummer: -)
- Vakgebied(en)
Internationaal publiekrecht / Rechtshandhaving
Internationaal strafrecht / Internationale tribunalen
1.
The Presidency may, at the request of a judge, excuse that judge from the exercise of a function under this Statute, in accordance with the Rules of Procedure and Evidence.
2
a)
A judge shall not participate in any case in which his or her impartiality might reasonably be doubted on any ground. A judge shall be disqualified from a case in accordance with this paragraph if, inter alia, that judge has previously been involved in any capacity in that case before the Court or in a related criminal case at the national level involving the person being investigated or prosecuted. A judge shall also be disqualified on such other grounds as may be provided for in the Rules of Procedure and Evidence.
b)
The Prosecutor or the person being investigated or prosecuted may request the disqualification of a judge under this paragraph.
c)
Any question as to the disqualification of a judge shall be decided by an absolute majority of the judges. The challenged judge shall be entitled to present his or her comments on the matter, but shall not take part in the decision.