PARTIALITY AS A BASIS OF JUDICIAL DISQUALIFICATION AT THE INTERNATIONAL CRIMINAL TRIBUNAL FOR THE FORMER YUGOSLAVIA

Abstract

This article analyzes principle of independence and impartiality of judges and the possibility of disqualification of judges on the basis of partiality at the International Criminal Tribunal for the former Yugoslavia, with an emphasis on practice. The article also pointed that the fair trial is a basic human right of the accused, the accused has the right to be tried by an independent and impartial court. Disqualification of a judge prevents partial and biased judges deciding in a particular case. The exclusion of judges implies the relevant, specific reasons for disqualification of judges, especially is important the required threshold of exemption. The institutional independence of the court is also important and associated with independence of individual judge. The practice of judicial exception in proceeding at the ICTY must be compared and evaluated with the stated principles and international standards of judicial independence and impartiality.