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International Prosecutors$
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Luc Reydams, Jan Wouters, and Cedric Ryngaert

Print publication date: 2012

Print ISBN-13: 9780199554294

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780199554294.001.0001

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Independence and Impartiality

Independence and Impartiality

Chapter:
(p.319) 6 Independence and Impartiality
Source:
International Prosecutors
Author(s):

Luc Côté

Publisher:
Oxford University Press
DOI:10.1093/acprof:oso/9780199554294.003.0006

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

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