• Praise be to God, and peace and blessings be upon our master, the Messenger of God. After that,

• The Legislative and Legal Affairs of the General Secretariat of the Council is pleased to present this publication titled (Code of Conduct for Judicial Ethics in the Member States of the Council), which was prepared by the Committee of Officials of International Cooperation and International Relations Departments of the Ministries of Justice in the member states during their (third - fourth) meeting held at the General Secretariat - Riyadh - during the period of 19 - 23 Shawwal 1437 AH corresponding to 24 - 28 July 2016 AD, in implementation of the decision of Their Excellencies and Honorable Undersecretaries of the Ministries of Justice in the Council during their nineteenth meeting held in the State of Qatar during the period of 22 - 23 Dhul-Qi'dah 1436 AH corresponding to 6-7 September 2015 AD, where the text was approved by Their Excellencies the Ministers of Justice in their twenty-eighth meeting held in the Kingdom of Saudi Arabia - Riyadh - on 4 - 5 Muharram 1438 AH corresponding to 5 - 6 October 2016 AD, where it was decided as follows:

  • A- Approval of the Code of Conduct for Judicial Ethics in the Cooperation Council for the Arab States of the Gulf.

  • B- The Committee of Officials of International Cooperation and International Relations Departments of the Ministries of Justice in the Council shall review and update the code periodically.

• We hope that this code will achieve the desired goal of its adoption in enhancing the path of joint judicial cooperation.

• And God is the Grantor of Success

The Judiciary is one of the greatest, noblest, and most esteemed professions throughout history, and it is through it that nations flourish and develop, due to its effective role in resolving disputes and conflicts among people, providing security and safety, establishing justice, and preserving their freedoms, lives, and properties. Litigation is a protected and guaranteed right for all people, and the Judge is entrusted with the secrets and dignity of the litigants. The Judge must understand that the Judiciary is a message, not just a job, and this message is a heavy trust. Those judges who choose to bear it must be aware of this, and they should conduct themselves in a manner befitting the honor of the message they carry, guided by the fear of God in all their actions, diligence and hard work in their duties, and the qualities and morals of our Prophet Muhammad, peace be upon him. They should never cease to arm themselves with knowledge, regardless of how advanced in age they may become.

• Judiciary Independence is one of the necessary priorities for the principle of legality and the fundamental guarantee for a fair trial, and the Judge must: -

  • 1. Perform his duties with impartiality and independence in assessing the facts and applying the law, without external influence, incitement, pressure, threats, promises, intimidation, or direct or indirect interference from any party for any reason, and he is subject only to his conscience and the law.

  • 2. It is prohibited for the Judge to engage in commercial activities, and it is prohibited for him to combine the judicial function with membership in the boards of directors of companies or any positions or activities that are inconsistent with the Judiciary Independence and dignity.

  • 3. Judges are prohibited from engaging in politics or running for public office, and anyone who nominates himself for elections is considered to have resigned from his judicial position from the date of his nomination.

  • 4. The Judge is prohibited from engaging in arbitration except in cases permitted by law.

  • 5. The Judge should avoid in his relations with the public any lapses and suspicions that may affect his professional reputation, and he must distance himself from any situations that may undermine the sanctity of his mission, such as revealing his official capacity without justification or hinting at its authority or using influence or taking precedence in his dealings with others.

  • 6. He should be independent in relation to society in general, and in relation to the disputing parties in particular.

  • 7. He should avoid establishing any relationship that affects his neutrality with the legislative and executive authorities and should not be subject to any influence from either party.

  • 8. When performing his judicial duties, he should be independent of his fellow judges when making decisions.

  • 9. He should maintain and preserve the elements of neutrality and impartiality, in order to uphold the Judiciary Independence.

  • 10. He must be neutral and not be colored by political affiliations, and he should free himself from bias and not express a preconceived opinion on the disputes presented to him.

• Integrity is a fundamental principle that is not limited to the judicial judgment alone, but also includes the procedures that lead to this judgment. To achieve this, the judge must: -

• A- Perform his judicial duties without favoritism or bias towards any party.

• B- Ensure in his conduct, whether inside or outside the court, to gain trust in his integrity and the integrity of the judiciary.

• C- Minimize as much as possible any mixing with the public, and consider in his behavior everything that may lead to his humiliation or tarnish his profession, and avoid statements and actions that may lead to requests for his recusal from the parties.

• D- Stay completely away, whether during the proceedings or anything that may lead to them, from any comments that may affect the outcome of the case or may raise suspicion about his impartiality, and also avoid any public or other comments that may affect the impartiality of a particular case or any issues presented to him.

• E- Not to hear one of the parties in the absence of others outside the sessions of the trial and pleading so as not to influence his judgment.

• F- Automatically recuse himself from considering disputes that may raise suspicion about his neutrality. The following are considered cases of recusal:

  • A- If the judge has a personal inclination or feels biased regarding one of the parties in the case, or if he has personal knowledge of facts indicating something disputed that falls within his jurisdiction.

  • B- If the judge was previously a lawyer or a key witness in the dispute presented to him.

  • C- If the judge, or a family member, has an interest in the outcome of the case.

• The proper Judiciary is essential to achieve justice through:

• A- Ensuring to avoid blame and defamation in his conduct and anything that may affect his integrity and dignity as a Judge.

• B- Establishing in his actions and behavior the public's trust in the integrity and honesty of the Judiciary and that justice has indeed been achieved.

• C- The Judge must strive to be well-presented, appear dignified, walk and sit with composure, speak clearly, remain silent and cautious in his words to avoid unnecessary talk, be patient, dignified, a good listener, possess good manners, enjoy self-respect and strong personality, and maintain the dignity of the Court during hearings.

• D- The Judge must limit participation in events and accept invitations that may bring suspicion upon him or may lead to his disqualification from hearing the case or recusal.

• E- The Judge is prohibited from purchasing in his name or in the name of any family member or any alias the subject matter of the claim before the Court.

• F- He must monitor the behavior of his family members and their abstention from exploiting his position to gain benefits and advantages under any pretext.

• G- The Judge is prohibited from making statements and providing information to various media outlets, whether related to judicial work or otherwise, except with permission from the relevant authorities.

• The Judge respects the rules of propriety in the performance of his duties by:

• 1- His commitment to decorum and politeness in all his actions, avoiding anything that is inappropriate both in appearance and reality.

• 2- Avoiding any personal relationships with Attorneys that may cast doubt on his impartiality.

• 3- Enjoying, like all citizens, the freedom of expression, belief, and assembly, while acting in a manner that preserves the dignity, independence, and neutrality of the Judiciary in exercising these rights.

• 4- Committing to respect his superiors.

• 5- The Judge should advise his colleagues to refrain from any wrongful conduct; if one of them engages in conduct that constitutes a specific crime, he must report it to the competent authority at the Ministry of Justice.

• 6- The Judge must treat his fellow Judges with kindness, esteem, and respect, and recognize the seniority of those who are older than him.

• 7- He may, in the context of performing his duties well, do the following:

  • A- Write, study, and participate in activities related to law or judicial organization and administration of justice or related topics.

  • B- Appear in public sessions before an official body tasked with matters related to law, judicial organization, and administration of justice and related topics.

  • C- Serve as a member of an official body, committee, or governmental advisory body.

  • D- Participate in other activities without compromising the dignity of the Judiciary or affecting the performance of his judicial duties.

• 8- The Judge may accept an honorary gift, award, or appropriate compensation on occasion, provided that it is done publicly and does not constitute an attempt to influence his judicial duties, and he must inform his direct supervisor of this, while adhering to the provisions of the law and legal restrictions.

• 9- He must not exploit his judicial position to promote his personal interests or those of a family member, nor create an impression among others that they have influence over his judicial direction.

• 10- He must not disclose confidential information that he has learned in the course of his duties or provide it to the media or use it for other purposes except in legally permitted cases.

• 11- Neither he nor any member of his family may accept a gift, donation, grant, loan, or favor for any work he has done or will do in the context of performing his judicial duties.

• 12- Court employees and those affiliated with them are not allowed to request or accept any gift, donation, loan, favor, or share in a contract or undertaking or exemption in the course of performing their duties.

• Ensuring equality in the treatment of everyone before the courts is essential for the performance of judicial duties:

• A- He is keen on equality among people in his council and demeanor so that no noble person may covet his injustice nor a weak person fear his tyranny.

• B- He avoids in his speech or behavior appearing biased or favoring any person or group (on an inappropriate basis) while performing his job duties.

• C- He demonstrates, during the exercise of his duties, appropriate respect and consideration towards all individuals, parties to the contest, witnesses, attorneys, court staff, and his fellow judges without discrimination.

• Competence and diligence are essential conditions for the performance of the judicial authority:

• A- The Judge must commit to arriving early to work and avoid exhausting the litigants by making them wait, and must ensure that sessions are opened at the scheduled times.

• B- The Judge, in his judicial conduct, must avoid postponing sessions for unjustified reasons or delaying them for long periods, or fulfilling the request of one party in the absence of the other, and must consider the postponement periods specified by law.

• C- He must prioritize his judicial work and give it precedence over other activities.

• D- He must dedicate his professional activity to his judicial duties, which include not only performing his judicial responsibilities and tasks in the Court and issuing judgments but also other tasks related to the judicial position or the Court's work.

• E- He must take appropriate steps to enrich his knowledge and maintain the skills and personal qualifications necessary to perform his judicial duties, utilizing this purpose for training and other facilities that should be available to the Judge under judicial supervision.

• F- He must be aware of developments related to international law, including international agreements and other instruments that set human rights standards.

• G- He must perform all his judicial duties, including issuing decisions with caution, competence, fairness, and appropriate speed.

• H- He must maintain the dignity of the Court during trial sessions, and in all cases, he must be patient, dignified, a good listener, and courteous in his dealings with jurors, witnesses, attorneys, and others with whom the Judge interacts officially, and he should require the Court staff under his administration to behave similarly under his supervision and monitoring.

• I- He must refrain from any behavior that contradicts the promotion of judicial duties.

• J- Commitment to international and national agreements and directives from the authorities and the Supreme Judicial Council, while considering the nature of the contest and being familiar with the social environment of work.

• K- Consideration of the interest that the legal rule aims to protect, ensuring that no judgment is issued that affects that interest or its issuance, by reviewing the explanatory notes of the laws.