Abstract

This paper aims to examine the independence of the judiciary and its officers, beginning with a brief history of the importance of judicial independence in ancient India, then moving to modern international law, tracing its journey from the Nuremberg trial to present day International Criminal Court the paper has examined various laws from where the concept of independency of the judiciary flows; the statues such as “Universal Declaration of Human Right”. , “International Covenants on Economic, Social and Cultural Rights and on Civil and Political Rights” , Code of Judicial Ethics and Basic Principles on the Independence of the Judiciary , focusing on the various laws that ensure and guide judicial independence at the International Criminal Court. The paper has also examined the challenges faced by the Court and its staff, the government's interference in the Court's work, the limited recognition of the Court, and local/domestic hurdles in gathering evidence, securing witnesses, and protecting the interests of victims. Finally, the paper establishes whether the Court, which has the jurisdiction to try and punish individuals for committing atrocities such as war crimes, genocide, crimes against humanity, and crimes against aggression, is really an independent institution or not. What are the factors that have affected its independence, and is there a way forward?

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