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Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.40 Independence of the judges/Indépendance des juges

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 13 June 2024

Judges — Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 40 of the Rome Statute of the International Criminal Court. Article 40 imposes norms aimed at ensuring that judges are not exposed to conflicting obligations or loyalties. The article declares that ‘judges shall be independent in the performance of their functions’. Independence is secured through other provisions of the Statute, including articles 36, 41, 46, 47, and 49. Judges are prohibited from engaging in activities ‘likely to interfere with their judicial functions or to affect confidence in their independence’. Judges who are required to serve full-time at the Court are not to ‘engage in any other occupation of a professional nature’. Disputes concerning activities of judges outside the Court are to be decided by an absolute majority of the judges.

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