The independence and impartiality of judges is a matter of international law

One of the most important principles and criteria of a fair trial is the right to a hearing by an independent and impartial court, which leads to the vindication of rights and the provision of citizens' rights. This principle is considered a general principle of rights, which most international and regional human rights documents pay great attention to. Independence and impartiality are important principles in proceedings. These two terms overlap a lot. However, these two expressions do not have the same meaning. The right to trial in an independent and impartial court is one of the most important rights of the citizens of the society, which is provided in the domestic laws and international documents, which ensures a fair trial. Independence in international proceedings means that the court and proceedings are not influenced by external factors and pressures such as governments, international organizations and powerful people. This concept in the internal system originates from Montesquieu's theory of separation of powers, and it means that the executive branch does not influence the judicial branch. In other words, independence is an external factor, but impartiality is considered an internal factor, which means that the judge does not favor one of the parties during the proceedings. Basically, one of the factors that ensure impartiality is independence. In proceedings and proceedings, the principle is on the impartiality and independence of the judges and members of the court, which guarantees a just and fair trial.