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The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I$
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Giuliana Ziccardi Capaldo

Print publication date: 2014

Print ISBN-13: 9780199388660

Published to Oxford Scholarship Online: April 2015

DOI: 10.1093/acprof:oso/9780199388660.001.0001

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The “Presumption of Impartiality” and Other Errors in the International Criminal Court’s Plenary Decision Concerning Judicial Disqualification of the President of the Court in The Prosecutor v. Thomas Lubanga Dyilo

The “Presumption of Impartiality” and Other Errors in the International Criminal Court’s Plenary Decision Concerning Judicial Disqualification of the President of the Court in The Prosecutor v. Thomas Lubanga Dyilo

Chapter:
(p.111) The “Presumption of Impartiality” and Other Errors in the International Criminal Court’s Plenary Decision Concerning Judicial Disqualification of the President of the Court in The Prosecutor v. Thomas Lubanga Dyilo
Source:
The Global Community Yearbook of International Law and Jurisprudence 2013, Volume I
Author(s):

Steven W. Becker

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199388660.003.0006

This chapter addresses the recent plenary decision of the International Criminal Court in the case of The Prosecutor v. Thomas Lubanga Dyilo denying the defence application to disqualify Judge Sang-Hyun Song, president of the ICC, from the Appeals Chamber. The chapter provides a brief overview of the decision, critically analyzes the respective positions of the jurists concerning the “automatic disqualification” rule, the presumption of impartiality, and the proposed “collegiality” exception, highlighting errors in legal reasoning and application, and ultimately concludes that Judge Song, as contended by the dissenting judge, should have been disqualified from sitting on the case because of an appearance of bias.

Keywords:   judicial disqualification, automatic disqualification, bias, appearance of bias, presumption, impartiality, collegiality, reasonable observer

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