Chapter 1: International Standards tural framework of the electoral complaint process and the applicable rules of procedure for adjudicating such conflicts, and that they will conform to their international obligations. Although states do retain a considerable amount of freedom in the particular organization of their electoral complaints process, states must ensure that a clearly defined regime provides for the minimum guarantees. Moreover, when drafting new laws or reviewing existing ones, states should take into consideration the possibility of conflicting laws, the historical context of their country, their legal traditions, and try to meet international obligations that facilitate a fair, transparent and effective election complaint adjudication system. 3. An Impartial and Informed Arbiter 97 The recognition of the universal importance of an impartial and informed arbiter is particularly relevant when it is applied to election complaints, which are generally both politically sensitive and controversial.98 If the state interferes with the operation of an independent court or commission, it will decrease the independence and impartiality of the body and increase the likelihood that adjudication of election complaints will be biased. In addition to having effective independence, a judge or arbiter dealing with electoral complaints should be aware of the existing electionrelated law, and have sufficient capacity to assess, investigate and settle the complaints relating to this specific area of the law. A. Impartial Arbiters The essential role that impartial arbiters play in maintaining compliance with basic human rights is once again made explicit in treaty law. The ICCPR refers to the necessity for “a fair and public hearing by a competent, in- Though the language in this section often refers to “judges” and “courts” or “tribunals,” the same standards apply to any official who exercises state power through a formal hearing or other procedure to determine the validity and outcome of an election complaint. This could be a committee member, an administrative officer, or a judge. Conversely, most of the same standards of impartiality will also apply to judges and other officials acting in contexts other than that of an election. 98 ICCPR, supra note 11, art. 14, § 1. The language used in the ICCPR can be traced back to article 10 of the UDHR. See supra note 10, art. 10. The American Convention provIdes for the same guarantees stating that every person is entitled to a fair hearing by “a competent, independent, and impartial tribunal.” American Convention, supra note 14, art. 8, § 1; see also European Convention, supra note 26, art. 6, § 1; Venice Commission Code, supra note 44, at 26. 97 37