Independence and Impartiality

Luc Côté

in International Prosecutors

Published in print May 2012 | ISBN: 9780199554294
Published online September 2012 | e-ISBN: 9780191751691 | DOI:
Independence and Impartiality

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This chapter reflects, from both a theoretical and a legal angle, on the independence and impartiality of international prosecutors. The chapter is organized as follows. Section 2 analyses the de jure independence of the prosecutor. Section 3 looks at issues related to prosecutors' impartiality. Finally, Section 4 offers a case study of de facto independence and impartiality of international prosecutors looking beyond the statutes; it presents a tour of the different international criminal tribunals to illustrate how prosecutorial independence and impartiality is limited and often undermined by states' interests which do not always coincide with the interest of justice.

Keywords: international prosecutors; prosecutorial independence; impartiality; justice; state interests

Chapter.  49536 words. 

Subjects: Public International Law

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