Luật hình sự thường cấm những hành vi cụ thể. Do đó, chứng cứ phạm tội phải hợp lý minh chứng hành động do chính can phạm gây ra. Hành động cụ thể này gọi là hành vi phạm tội (guilty act - Latin: actus reus) | 174 CHERIE BOOTH However unhappy with the outcome of the case Furundzija s lawyers sought to overturn the ruling by having the Presiding Judge Florence Mumba disqualified for failing to disclose that she had previously served as a member of the UN s Commission on the Status of Women. In the words of one commentator the defence clearly insinuated that women judges particularly women who have attempted to redress human rights violations against women cannot be impartial because they are predisposed to promote a feminist agenda and therefore should be recused from adjudicating any cases involving crimes against women .21 It was indeed true that Florence Mumba had been a member of the Commission on the Status of Women between 1992 and 1995 the ICTY s Public Information Service and Yearbook confirmed as much and during that time the Commission had issued a resolution condemning the sexual violence taking place in Yugoslavia urging the prosecution to seek justice for these victims and pressing for a broad definition of war-time rape. To the defence however this meant that Judge Mumba should have been disqualified for having advanced in the judgment a legal and political agenda that she had helped create as a member of the 21 Ibid. 22 See ICTY Appeals Chamber Prosecutor v. Furundzija Case No. Prospects and issues for the International Criminal Court 175 The Appeal Chamber dismissed the application. It ruled that in the circumstances of the case a fair-minded and informed member of the public could not reasonably apprehend bias on the part of Judge It goes without saying I think that all persons - even lawyers - have histories specialisations and philosophies but equally so appointment to the bench carries with it recognition of the moral and intellectual integrity of the individual to put aside background factors and to act as impartially and independently as possible as an arbiter of fact and law. There is no good reason to believe that this .
