International standards on the independence and accountability of judges, lawyers and prosecutors
A. Global
Treaties
International Covenant on Civil and Political Rights (1966), Articles 14 and 26
Convention on the Rights of the Child (1989), Article 37
International Convention on the protection of the Rights of All Migrant Workers and Members of Their Families (1990), Article 18
Rome Statute of the International Criminal Court (1998), Articles 40 to 47
International Convention for the Protection of All Persons from Enforced Disappearance (2006), Article 11
ICRC Study of Customary IHL (Rule 100), including references to relevant Geneva Convention provisions
Article 3 Common to the Four Geneva Conventions of 1949
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of International Armed Conflicts (Protocol 1) (1977), Article 75. Fundamental guarantees
Protocol Additional to the Geneva Conventions of 12 August 1949, and relating to the Protection of Victims of Non-International Armed Conflicts (Protocol II) (1977), Article 6. Penal prosecutions
Convention on the Rights of Persons with Disabilities, article 13
United Nations Sources
Universal Declaration of Human Rights (1948), Article 10
Basic Principles on the Independence of the Judiciary (endorsed by General Assembly resolutions 40/32 and 40/146, 1985)
Basic Principles on the Role of Lawyers (welcomed by General Assembly resolution 45/166, 1990)
Guidelines on the Role of Prosecutors (welcomed by General Assembly resolution 45/166, 1990)
UN Principles and Guidelines on Access to Legal Aid in Criminal Justice Systems (General Assembly, resolution 67/187)
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms (1998), Article 9
Draft Universal Declaration on the Independence of Justice (“Singhvi Declaration”) (referenced by UN Commission on Human Rights, resolution 1989/32)
Human Rights Council, Resolution 23/6, Independence and impartiality of the judiciary, jurors and assessors and the independence of lawyers (2013)
Human Rights Council Resolution 25/4, Integrity of the judicial system (2014)
Reports of the Special Rapporteur on the independence of judges and lawyers
Draft Principles Governing the Administration of Justice through Military Tribunals (Decaux Principles) (UN Sub-Commission on the Promotion and Protection of Human Rights, 2006)
Salvador Declaration on Comprehensive Strategies for Global Challenges: Crime Prevention and Criminal Justice Systems and Their Development in a Changing World (2010)
The Bangalore Principles of Judicial Conduct (Judicial Group on Strengthening Judicial Integrity, 2002)
Commentary to the Bangalore Principles (Judicial Group on Strengthening Judicial Integrity, 2002)
Measures for the effective implementation of the Bangalore Principles of Judicial Conduct (Judicial Group on Strengthening Judicial Integrity, 2010)
A Guide to the Status and Role of Prosecutors (UN Office on Drugs and Crime & International Association of Prosecutors, 2014)
Human Rights Council resolution 37/22 (2018) on access to justice for persons with disabilities
Human Rights Council resolution 35/12 (2017). Independence and impartiality of the judiciary, jurors and assessors, and the independence of lawyers
Declaration of the High-level Meeting of the General Assembly on the Rule of Law at the National and International Levels (Res 67/1 of 24 September 2012)
Other Sources
The Universal Charter of the Judge (International Association of Judges, 1999)
The Burgh House Principles on the Independence of the International Judiciary (International Law Association Study Group, 2004)
International Commission of Jurists, CIJL Policy Framework for Preventing and Eliminating Corruption and Ensuring Impartiality of the Judicial System (2000)
Principles on the Role of Judges and Lawyers in relation to Refugees and Migrants
Standards of professional responsibility and statement of the essential duties and rights of the prosecutor (International Association of Prosecutors, 1999; UN Commission on Crime Prevention and Criminal Justice, resolution 17/2, Annex)
International Association of Prosecutors, Declaration on Minimum Standards Concerning the Security and Protection of Public Prosecutors and their Families (2008)
International Bar Association, Minimum Standards of Judicial Independence (1982)
International Bar Association, International Code of Ethics (1954, latest version 1988)
International Bar Association, Standards for the Independence of the Legal Profession (1990)
International Bar Association, General Principles for the Legal Profession (2006)
International Bar Association, International Principles on Conduct for the Legal Profession (2011)
International Bar Association, Anti-Corruption Guidance for Bar Associations (2013)
International Criminal Court, Code of Judicial Ethics (2005)
International Criminal Court, Code of Professional Conduct for Counsel (2005)
Cape Town Principles on the Role of Independent Commissions in the Selection and Appointment of Judges (2016)
First World Conference on the Independence of Justice, Universal Declaration on the Independence of Justice (Montreal Declaration), 1983
International Association of Judicial Independence and World Peace, Mount Scopus International Standards of Judicial Independence, 1998 (consolidated 2015)
International Association of Judicial Independence and World Peace, Bologna Milano Global Code of Judicial Ethics, 2015
B. Regional
Africa
African Charter on Human and People’s Rights (1986), Article 26
African Charter on the Rights and Welfare of the Child (1999), Article 17: Administration of Juvenile Justice
Resolution on the Respect and the Strengthening on the Independence of the Judiciary (African Commission on Human and Peoples’ Rights, 1986)
Principles and Guidelines on the Right to a Fair Trial and Legal Assistance in Africa (African Commission on Human and Peoples’ Rights, 2005)
Americas
American Convention on Human Rights (1969), Article 8. Right to a Fair Trial
American Declaration of the Rights and Duties of Man (OAS General Assembly, 1948), Article XXVI
Inter-American Democratic Charter (OAS General Assembly, 2001), Articles 3 & 4
Statute of the Ibero-American Judge (Ibero-American Summit of Presidents of Supreme Courts and Tribunals of Justice, 2001)
Declaration of Minimum Principles on the Independence of Judiciaries and Judges in Latin America – Campeche Declaration (Federación Latinoamericana de Magistrados, 2008) – Spanish only
Guarantees for the Independence of Justice Operators (Inter-American Commission of Human Rights, 2013)
Brasilia Regulations Regarding Access to Justice for Vulnerable People (Ibero-American Judicial Summit, 2008)
Asia-Pacific
Beijing Statement of Principles on the Independence of the Judiciary in the LAWASIA Region (7th Conference of the Chief Justices of Asia and the Pacific, 1997)
Istanbul Declaration on Transparency in the Judicial Process (Adopted by the Conference of Chief Justices and Senior Justices of the Asian Region, 2013)
Commonwealth
Commonwealth (Latimer House) Guidelines on Parliamentary Supremacy and Judicial Independence (1998)
Commonwealth (Latimer House) Principles on the Accountability of and the Relationship between the Three Branches of Government (2003) (This became an integral part of the Commonwealth fundamental values in 2005)
Nairobi Plan of Action for Africa on the implementation of the Commonwealth (Latimer House) Principles (2005)
Edinburgh Plan of Action on the implementation and development of the Commonwealth (Latimer House) Principles (2008)
Judicial Appointments Commissions: A model clause for constitutions (Commonwealth Lawyers Association, Commonwealth Legal Education Association, Commonwealth Magistrates’ and Judges’ Association, 2013)
Europe
European Convention for the Protection of Human Rights and Fundamental Freedoms (1950), Article 6
Charter of Fundamental Rights of the European Union (2000), Chapter VI: Justice, Article 47: Right to an effective remedy and to a fair trial
Recommendation on the role of public prosecution in the criminal justice system (Council of Europe, 2000)
Recommendation on the freedom of exercise of the profession of lawyer (Council of Europe, 2000)
Recommendation on judges: independence, efficiency and responsibilities (Council of Europe, 2010)
Recommendation on the role of public prosecution outside the criminal justice system (Council of Europe, 2012)
European Charter on the statute for judges and Explanatory Memorandum (Council of Europe, 1998)
Guidelines of the Committee of Ministers of the Council of Europe on human rights and the fight against terrorism (2005), IX. Legal proceedings
Consultative Council of European Judges, Magna Carta of Judges (CCJE – CCJE(2010)3 final)
Consultative Council of European Judges, Opinions
Venice Commission, Report on Judicial Appointments, CDL-AD(2007)028
Venice Commission Report On the Independence of the Judicial System. Part I: The Independence of Judges. CDL-AD(2010)004
Venice Commission Report on European Standards as Regards the Independence of the Judicial System: Part II – The Prosecution Service, CDL-AD(2010)040
European Network of Councils for the Judiciary, Resolution on Transparency and Access to Justice (2009)
European Network of Councils for the Judiciary, Judicial Ethics: Principles, Values and Qualities (report adopted in the 2010 London Declaration on Judicial Ethics)
European Network of Councils for the Judiciary, Dublin Declaration on Standards for the Recruitment and Appointment of Members of the Judiciary (2012)
European Network of Councils for the Judiciary — Budapest resolution on Self Governance for the Judiciary: Balancing Independence and Accountability (2008)
Kyiv Recommendations on Judicial Independence in Eastern Europe, South Caucasus and Central Asia: Judicial Administration, Selection and Accountability (OSCE Office for Democratic Institutions and Human Rights, 2010)
Judges’ Charter in Europe (European Association of Judges, 1997)
Charter of Core Principles of the European Legal Profession (Council of Bars and Law Societies in Europe, 2006) and Code of Conduct for European Lawyers (1988)
Middle East North Africa
Arab Charter on Human Rights (2004), Articles 12 and 13
Beirut Declaration, Recommendations of the First Arab Conference on Justice, 1999
Cairo Declaration on Judicial Independence, Second Arab Conference on Justice, 2003
If you have a suggestion for a source that does not appear on this page but should, please email matt.pollard(a)icj.org.
