The Judges, The Bench, and The Rules of Court

Abstract

Independence and impartiality are essential criteria for courts to contribute to the rule of law and uphold human rights. Judges must be free from any form of external pressure and may not hold any personal prejudice or bias. Additionally, the institutional framework of the human rights Courts must contain sufficient safeguards to ensure their independence and impartiality. This chapter provides a comparative analysis of the organisational structure, Statutes and Rules of Court governing the judges within the ECtHR, the ACtHPR, the IACtHR and the ArabCtHR from the perspective of the principles of independence and impartiality. It delves into the various facets of judges’ professional life, examining such matters as appointment procedures, dismissal, tenure, privileges and immunities as well as restrictions on external activities. The chapter aims to discern the commonalities and divergences between the regional human rights Courts. It argues that, despite positive steps taken by the Courts, there is still room for improvement.