For More Reading
International standards of judicial ethics:
Burgh House Principles on the Independence of the International Judiciary
The Burgh House Principles were drafted in 2004 by the Study Group of the International Law Association on the Practice and Procedure of International Courts and Tribunals, in association with the Project on International Courts and Tribunals.
Bangalore Principles
The Bangalore Draft Code of Judicial Conduct 2001 was adopted by the Judicial Group on Strengthening Judicial Integrity, as revised at the Round Table Meeting of Chief Justices held at the Peace Palace, The Hague, November 25-26, 2002.
Codes of ethics adopted by individual international courts:
Caribbean Court of Justice Code of Judicial Conduct
Court of Justice of the European Communities Code of Conduct
European Court of Human Rights Resolution on Judicial Ethics
International Criminal Court Code of Judicial Ethics
Other ethics topics:
Speech by Louise Arbour, former Supreme Court Justice of Canada, former chief prosecutor of the International Criminal Tribunal for the former Yugoslavia, and former UN High Commissioner for Human Rights, on "Education, Ethics, and Governance for an International Judiciary" – the keynote address of the North American Judicial Colloquium.
Ethics and the International Judiciary
The success of international courts, like that of national courts, depends to a large extent upon the integrity of those who decide the cases that come before them. If judges carry out their function ethically, and are furthermore perceived to do so, the public will have confidence in judicial institutions and respect and abide by their decisions. The establishment of public confidence is particularly essential for international courts, many of which are still young and remain unfamiliar to the average person. International courts may also suffer from a lack of support – both political and financial – on the part of states falling within their jurisdictions or belonging to the institutions that created the courts in the first place.
While notions of judicial ethics do not tend to vary much from the national to the international domain, international judges may face challenges rarely experienced by their national counterparts. Serving on a part-time basis – a common arrangement for international judges – poses the issue, for example, of what kind of secondary work is compatible with judicial duties. International benches also bring together judges from different legal traditions, which may have disparate views on various kinds of courtroom behavior. The diversity of the international judiciary thus requires that special attention be paid to judicial behavior and its perception.
Given the importance of ethical behavior to the international judiciary, the Center has accorded a central place to its exploration in the various programs it designs for this professional group. Each Brandeis Institute for International Judges has devoted a lengthy session to topics touching upon judicial independence, impartiality, conflicts of interest, and other relevant issues. These sessions are often characterized by lively debate, as judges attempt to define and agree upon their own duties and responsibilities. Each “topic in ethical practice” has been highlighted in the BIIJ reports that summarize institute proceedings.
Links to the relevant report excerpts are below:
"Ethical Dimensions of International Jurisprudence and Adjudication," a keynote address by Hans Corell, Under Secretary General for Legal Affairs, The Legal Counsel of the United Nations (BIIJ 2002)
Toward the Development of Ethics Guidelines for International Courts (BIIJ 2003)
Topics in Ethical Practice: Operation of International Courts and Tribunals (BIIJ 2004)
The Responsibilities and Challenges of Judging (BIIJ 2004)
Topics in Ethical Practice: The Judiciary as a New Moral Authority? (BIIJ 2006)
Topics in Ethical Practice: Integrity and Independence — the Shaping of the Judicial Persona (BIIJ 2007)