Common use of Judges Clause in Contracts

Judges. 1. Cambodian judges, on the one hand, and judges appointed by the Supreme Coun- cil of the Magistracy upon nomination by the Secretary-General of the United Nations (hereinafter: "international judges"), on the other hand, shall serve in each of the two Ex- traordinary Chambers. 2. The composition of the Chambers shall be as follows: a. The Trial Chamber: three Cambodian judges and two international judges; b. The Supreme Court Chamber, which shall serve as both appellate chamber and fi- nal instance: four Cambodian judges and three international judges. 3. The judges shall be persons of high moral character, impartiality and integrity who possess the qualifications required in their respective countries for appointment to judicial offices. They shall be independent in the performance of their functions and shall not accept or seek instructions from any Government or any other source. 4. In the overall composition of the Chambers due account should be taken of the experience of the judges in criminal law, international law, including international hu- manitarian law and human rights law. 5. The Secretary-General of the United Nations undertakes to forward a list of not less than seven nominees for international judges from which the Supreme Council of the Magistracy shall appoint five to serve as judges in the two Chambers. Appointment of in- ternational judges by the Supreme Council of the Magistracy shall be made only from the list submitted by the Secretary-General. 6. In the event of a vacancy of an international judge, the Supreme Council of the Magistracy shall appoint another international judge from the same list. 7. The judges shall be appointed for the duration of the proceedings. 8. In addition to the international judges sitting in the Chambers and present at every stage of the proceedings, the President of a Chamber may, on a case-by-case basis, des- ignate from the list of nominees submitted by the Secretary-General, one or more alter- nate judges to be present at each stage of the proceedings, and to replace an international judge if that judge is unable to continue sitting.