Selecting International Judges by Mackenzie, Ruth; Malleson, Kate; Martin, Penny;

Principle, Process, and Politics

Series: International Courts and Tribunals Series;

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Product details:

Publisher OUP Oxford
Date of Publication 17 June 2010

ISBN 9780199580569
Binding Hardback
No. of pages256 pages
Size 241x162x24 mm
Weight 544 g
Language English

Short description:

International courts are called upon to decide upon an increasingly wide range of issues of global importance, yet public knowledge of international judges and the process by which they are appointed remains very limited. Drawing on extensive empirical research, this book explains how the judges who sit on international courts are selected.

Long description:

This book examines the way international court judges are chosen. Focusing principally on the judicial selection procedures of the International Court of Justice and International Criminal Court, it provides the first detailed examination of how the selection process works in practice at national and international levels: what factors determine whether a state will nominate a candidate? How is a candidate identified? What factors influence success or failure? What are the respective roles of merit, politics, and other considerations in the nomination and election process?

The research was based on interviews, case studies and survey data in a range of different states. It concludes that although the nature and quality of nomination and election processes vary widely, a common theme indicates the powerful influence of domestic and international political considerations, and the significant role of a small group of diplomats, civil servants, lawyers, and academics, often without transparency or accountability. The processes allow overt political considerations to be introduced throughout the decision-making process in ways that may detract from the selection of the most highly qualified candidates and, ultimately, undermine independence. This is particularly evident in the election campaigning that has become a defining feature of the selection process, accompanied by widespread vote trading and reciprocal agreements between states. The effect of these practices is often to undermine the role of statutory selection criteria and to favour candidates from more politically powerful states. The book reviews new judicial selection models adopted or proposed in other international and regional courts, and considers a number of proposals for change to promote more independent, transparent, and merit-based nomination and election procedures.

The results of the study are based on an innovative quantitative and qualitative analysis of the nomination and election processes of international courts, focusing on the International Court of Justice (ICJ) and the International Criminal Court (ICC).

Introduction
The International Court of Justice and the International Criminal Court in Historical Context
The Composition of the International Courts
The Nomination Process
The Election Process
Trends and Reforms
Conclusions
Appendix 1: Research Methodology
Appendix 2: The Jurisdiction and the Judicial Selection Procedures of the ICJ and ICC
Appendix 3: International Criminal Court Assembly of States Parties: Resolution ICC-ASP/3/Res. 6