The system for appointing judges at international criminal courts is highly politicised and undermines the legitimacy of global courts such as the International Criminal Court (ICC) and the International Court of Justice (ICJ). This is the main conclusion of the book Selecting International Judges: Principles, Process and Politics, which is launched today.
“International courts play an increasingly important role in all of our lives" says Phillipe Sands, one of the book's authors, "yet very little is known about who the judges are, how candidates are selected at the national level, and then how international elections take place. These issues are vital to the legitimacy and effectiveness of our global courts”.
The aim of the book is to identify the processes used by various states to nominate and elect international judges and to shed light on the criteria that play a role in the election process.
Although Sands recognises there are a lot of first rate international judges, he stresses that this is not always the case. In some cases, the international community should have concerns about the selection processes of the judges.
“Our research uncovered clear (anecdotal) evidence of the bargaining process to get seats: ‘I will drop this candidature if you drop yours’. We were given many examples of candidates being identified without any particular formal process being followed”, Sands says.
According to the author, this report shows that the international judiciary system is in desperate need of greater transparency, the adoption of formal processes and clear criteria.
















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