The principle of judicial independence and impartiality of the judge in front of the Supreme Iraqi Criminal Tribunal - a comparative study with the international criminal justice - | ||
| Risalat al-huquq Journal | ||
| Article 1, Volume 4, Issue 0, March 2012, Pages 6-19 PDF (0 K) | ||
| Authors | ||
| yahea hmood mrad; mohammed ali salem | ||
| Abstract | ||
| That the principle of independence of the judiciary of great importance in achieving a fair trial, so keen legal regulation of the Iraqi High Tribunal on the provision of this principle both in terms of incorporation or in terms of the method of selecting judges, it is where the incorporation notice that the Court has been established by the legislative authority under the law No. (10) for the year 2005, while the international courts of criminal has been established by the United Nations, and the method of selecting judges, has taken the law the Iraqi High Tribunal system of appointment and mandate, while taking the Statute of the tribunals for Yugoslavia and Rwanda, the system of appointment and election, and he followed the StatuteofthePermanentInternationalCriminalCourt,theelectionsystem. The Law of the Iraqi High Tribunal that the available set of conditions in the from address to the task of the judiciary in court to ensure impartiality, as well as the conditions stipulated by the law of judicial organization Iraqi number (160) of 1979 as amended, also confirmed the law of the court the importance of the oath of office and committed judges on the oath form section by direct their work, while the statutes of international courts of criminal stipulates that sworn legal form of undertaking, and also addressed the legal regulation of the Supreme Iraqi Criminal Court cases of disqualification of judges in a manner may seem similar to the provisions of the statutes of international courts of criminal. | ||
| Keywords | ||
| The principle of the independence of the judiciary | ||
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