Einde inhoudsopgave
Rules of Procedure and Evidence International Criminal Court
Rule 34 Disqualification of a judge, the Prosecutor or a Deputy Prosecutor
Geldend
Geldend vanaf 09-09-2002
- Bronpublicatie:
09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
- Inwerkingtreding
09-09-2002
- Bronpublicatie inwerkingtreding:
09-09-2002, Internet 2002, www.icc-cpi.int (uitgifte: 09-09-2002, regelingnummer: ICC-ASP/1/3)
- Vakgebied(en)
Internationaal strafrecht / Internationale tribunalen
1.
In addition to the grounds set out in article 41, paragraph 2, and article 42, paragraph 7, the grounds for disqualification of a judge, the Prosecutor or a Deputy Prosecutor shall include, inter alia, the following:
- (a)
Personal interest in the case, including a spousal, parental or other close family, personal or professional relationship, or a subordinate relationship, with any of the parties;
- (b)
Involvement, in his or her private capacity, in any legal proceedings initiated prior to his or her involvement in the case, or initiated by him or her subsequently, in which the person being investigated or prosecuted was or is an opposing party;
- (c)
Performance of functions, prior to taking office, during which he or she could be expected to have formed an opinion on the case in question, on the parties or on their legal representatives that, objectively, could adversely affect the required impartiality of the person concerned;
- (d)
Expression of opinions, through the communications media, in writing or in public actions, that, objectively, could adversely affect the required impartiality of the person concerned.
2.
Subject to the provisions set out in article 41, paragraph 2, and article 42, paragraph 8, a request for disqualification shall be made in writing as soon as there is knowledge of the grounds on which it is based. The request shall state the grounds and attach any relevant evidence, and shall be transmitted to the person concerned, who shall be entitled to present written submissions.
3.
Any question relating to the disqualification of the Prosecutor or a Deputy Prosecutor shall be decided by a majority of the judges of the Appeals Chamber.