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International Legal Standards Concerning the Independence of Judges and Lawyers

Published online by Cambridge University Press:  28 February 2017

Robert Kogod Goldman
Robert Kogod Goldman*
Affiliation:
The Washington College of Law, The American University, Washington, D.C
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Type
International Protection of the Independence of the Judicial Process
Information
Proceedings of the ASIL Annual Meeting , Volume 76 , 1982 , pp. 307 - 316
Copyright
Copyright © American Society of International Law 1982

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References

* Of the District of Columbia Bar; Chairman, Subcommittee on the Independence of Lawyers in Foreign Countries, American Bar Association.

1 Thoolen, Individual Rights and the Rights of Defense, in PROCEEDINGS OF SYMPOSIUM ON THE STATE OF EMERGENCY AND HUMAN RIGHTS IN URUGUAY 44 (1978).

2 Universal Declaration of Human Rights, G.A. Res. 217A, U.N. Doc. A/810, at 71 (1948).

3 International Covenant on Civil and Political Rights, Dec. 19, 1966, G.A. Res. 2200, 21 U.N. GAOR, Supp. (No. 16) 52, U.N. Doc. A/6316 (1966), reprinted in 6 ILM 368 (1967).

4 American Convention on Human Rights, Nov. 22, 1969, O.A.S.T.S. No. 36, O.A.S. Off. Rec. OAS/Ser. L/V/VII. 23 Dec. 23 Rev. 6 (1979), reprinted in 9 ILM 99 (1970).

5 [European] Convention for the Protection of Human Rights and Fundamental Freedoms, Nov. 4, 1950, 213 U.N.T.S. 222.

6 International Convention on the Elimination of All Forms of Racial Discrimination, Mar. 7, 1966, 660 U.N.T.S. 195.

7 Newman, U.N. Law Concerning the Independence of Judges 2 (June 1981), presented to first meeting of the Committee of Experts on the Independence and Impartiality of the Judiciary.

8 Geneva Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, Aug. 12, 1949, 6 U.S.T. 3114, T.I.A.S. No. 3362, 75 U.N.T.S 31; Geneva Convention for the Amelioration of Wounded, Sick and Shipwrecked Members of the Armed Forces at Sea, Aug. 12, 1949, 6 U.S.T. 3217, T.I.A.S. No. 3363, 75 U.N.T.S. 85; Geneva Convention Relative to the Treatment of Prisoners of War, Aug. 12, 1949, 6 U.S.T. 3316, T.I.A.S. No. 3364, 75 U.N.T.S. 135; Geneva Convention Relative to the Protection of Civilian Persons in Time of War, Aug. 12, 1949, 6 U.S.T. 3516, T.I.A.S. No. 3365, 75 U.N.T.S. 287.

9 Protocol Additional to the Geneva Conventions of 12 August 1949 and Relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II), June 8, 1977, 72 AJIL 502 (1978), 16 ILM 1442 (1977).

10 O'Donnell, The Independence of Judges and Lawyers: U.N. Standard Setting and the Siracusa Draft Principles on the Independence of the Judiciary (1982), appended to this workshop report infra, 326, at 328.

11 The victim of the alleged violation (but not his representative or a third party) must be subject to the jurisdiction of the state against which his complaint is directed, and that state must be a party to the Covenant and the Optional Protocol.

12 See U.N. Press Releases HR/1854 (Aug. 31, 1979); HR/1941 (May 7, 1980); HR/982 (Dec. 3, 1980).

13 The Commission is empowered to receive complaints against states that are parties or nonparties to the American Convention. The victim or any person or group acting on his behalf may file a complaint with the Commission alleging a violation of the American Convention by a party thereto or of the American Declaration of Rights and Duties of Man if the violator is an O.A.S. member state, that is not a party to the Convention.

14 Report of the Mission of Lawyers to Argentina, April 1-7, 1979, 34 EEC. A.B. CITY N.Y. 473 (1979).

15 O'Donnell, supra note 10, at 328.

16 U.N. Doc. E/CN.4/Sub.2/L.731 (Aug. 14, 1980); U.N. Doc. E/CN.4/Sub.2/481, September 3, 1981.

17 U.N. Doc. E/CN.4/Sub.2/L.731, supra note 16, at 11.

18 U.N. Doc. E/CN.4/Sub.2/481, supra note 16, at 3.