پایان نامه با موضوع the، and، of، independence

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http://www.icj-cij.org [Accessed 17 July 2011]
6ـ وب‌ سايت رسمي دادگاه عالي کانادا
http://www.scc-csc.gc.ca [Accessed 17 July 2011]
7- وب ‌سايت رسمي دادگاه عالي امريکا
http://www.supremecourt.gov [Accessed 17 July 2011]

Abstract

One of the most fundamental criteria for a fair trial is the right to be tried by an independent and impartial court. At present, this principle is regarded as a general principle in law, the observation of which being emphasized by most international and regional human rights documents; therefore, it has a lofty status in all the legal systems of the world. There are enough evidences for generalizing the principle of independence and impartiality as the basis for the right to “fair trial” – to the international criminal tribunals and courts and their judges. Independence and impartiality are separate and different concepts. Impartiality pertains to the subjective state or behavior of the judge regarding a subject or the parties in a particular case, while independence indicates not only the subjective state but also the condition of dependence on different sources which depend on the objective conditions and safeguards. Meanwhile, these concepts have an indivisible connection, so much so that independence is regarded as the essential precondition for impartiality. The criteria by which the independence and impartiality of the judge are measured are innumerous and complicated, and are usually attained by the scrutiny of the sequence of different events. To make sure of the independence and impartiality of the judges, “justice must not only be done, but it must be seen to be done.” Considering the criteria for measuring the independence and impartiality, and the founding laws and regulations of the international criminal courts of Nuremberg and Tokyo, and the international criminal tribunals prosecuting the crimes committed in territories of former Yugoslavia and Rwanda, and the behavior of these courts in trials, their independence and impartiality is seriously doubted. It seems that these courts had been highly affected by the events after the World War II and the political considerations of the Security Council and that of the powerful governments. Meanwhile, Rome Statute of the International Criminal Court and other associated laws and regulations are, to a considerable degree, in agreement and concordance with the criteria safeguardi

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