2010 Rules of Procedure of the African Court on Human and Peoples' Rights

Rule 8 Inability to Sit, Exemption and Withdrawal

• Paragraph 1
  Any Member of the Court who is unable to attend a sitting of the Court shall notify the President as early as possible.


• Paragraph 2
  In accordance with Article 22 of the Protocol, any Member of the Court who is a national of a State that is party to a case shall abstain from hearing that case.


• Paragraph 3
  A Member of the Court shall also abstain from hearing cases in which the State by virtue of which he/she was elected is a party.


• Paragraph 4
  No Member of the Court shall take part in the consideration of any case if:
• Point a
  he/she has previously acted, in relation to the case, as agent, counsel or advocate for one of the parties, or as a member of a national or international court or a commission of inquiry or in any other capacity;


• Point b
  he/she has a personal interest in the case, including a spousal, parental or other close family, personal or professional relationship, or a subordinate relationship with any of the parties;


• Point c
  he/she has expressed opinions publicly, through the communications media, in writing, through his or her public actions or otherwise, that may, objectively adversely affect his or her impartiality;


• Point d
  for any other reason, his/her independence or impartiality may, legitimately, be called into doubt;
• Paragraph 5
  If a Member intends to withdraw for any of the aforesaid reasons he/she shall, accordingly, notify the President of the Court, who shall exempt such Judge from participation in the hearing of the matter.


• Paragraph 6
  In the event of any doubt as to the existence of any of the grounds for withdrawal listed in this Rule, the Member concerned shall make his/her disclosures to the Court, and deliberations and voting on the matter shall be carried out in his/her absence.