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Kimberly Prost

  • Kimberly Prost

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This is one of the issues that is perhaps the most challenging for judges who come to international courts from a national context. It is particularly important that a judge understands the political context in which they are judging. There is a tendency to say—and I have heard many colleagues at the ICTY and International Criminal Court (ICC) saying—“I am going to keep completely out of the politics because that's none of my business, I'm here to just to do my judicial role.” With great respect I think that is a fundamental mistake, because the reality is if a judge is going to defend her independence on an international court, she really has to understand the political context in which she is defending it.

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