In any court system, national or international, judges should be impartial. Every judge of the fifteen-man International Court of Justice is required by the International Court of Justice Statute to make a “solemn declaration . . . that he will exercise his powers impartially and conscientiously.” But this provision is not the only safeguard in the statute to help insure a judge’s impartiality. The framers of the statute believed that the national States would have greater confidence in the court if there were additional safeguards. Which articles in the statute restrict judicial bias and which articles, if any, overlook its possible existence? For this purpose the statute is measured by two standards: (1) a method of appointing judges which places judicial qualifications above political considerations, and (2) methods of safeguards to impartiality after appointment.
I. Appointment of Judges … A. How Judges Are Appointed … B. Who May Be Appointed … C. Tenure of Judges
II. Safeguards to Impartiality after Appointment … A. Judges’ Compensation … B. Incompatibility, Disqualification, and Removal … C. Judges Who Are Nationals of Parties
The World Court Statute and Impartiality of the Judges,
34 Neb. L. Rev. 618
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