Selecting international judges : principle, process, and politics / Ruth Mackenzie [and others].
2010
KZ6250 .S45 2010 (Map It)
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Details
Title
Selecting international judges : principle, process, and politics / Ruth Mackenzie [and others].
Published
Oxford ; New York : Oxford University Press, 2010.
Call Number
KZ6250 .S45 2010
ISBN
9780199580569 (hardback)
0199580561 (hardback)
0199580561 (hardback)
Description
xiv, 239 pages ; 24 cm.
System Control No.
(OCoLC)610466937
Summary
"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"-- Provided by publisher.
Bibliography, etc. Note
Includes bibliographical references (pages [205]-218) and index.
Record Appears in
Added Author
Table of Contents
Foreword
vii
Series Editor's Preface
ix
Preface and Acknowledgements
xi
List of Abbreviations
xiii
Introduction
1
1.
The International Court of Justice and the International Criminal Court in Historical Context
7
A.
Introduction
7
B.
From ad hoc arbitration to permanent courts of justice
10
C.
The International Court of Justice
17
D.
The International Criminal Court
19
E.
Conclusion
22
2.
The Composition of the International Courts
24
A.
Introduction
24
B.
General selection criteria for the bench
26
C.
Individual selection criteria for the ICJ and ICC
49
D.
Conclusion
60
3.
The Nomination Process
63
A.
Introduction
63
B.
ICJ and ICC nomination rules
66
C.
Nomination bodies
69
D.
ICJ and ICC nominations in action
73
E.
Conclusion
98
4.
The Election Process
100
A.
Introduction
100
B.
ICJ and ICC election rules
102
C.
The role of the UN regional groups
105
D.
Campaigning
110
E.
Vote-trading
122
F.
The voting process
128
5.
Trends and Reforms
137
A.
Introduction
137
B.
Transparency
137
C.
Independence and non-politicization
144
D.
Competence and merit
152
E.
Diversity and representation
161
F.
Conclusion
171
6.
Conclusions
173
A.
Summary of findings on the ICC and ICJ
173
B.
The broader relevance of the findings---trends and reforms
175
Appendix 1
Research Methodology
180
A.
Background
180
B.
Questionnaires
181
C.
Interviews in New York
181
D.
Case studies
182
Appendix 2
The Jurisdiction and the Judicial Selection Procedures of the ICJ and ICC
186
A.
The jurisdiction of the International Court of Justice
186
B.
The nomination and election of ICJ judges
187
C.
The jurisdiction of the International Criminal Court
191
D.
The nomination and election of ICC judges
192
Appendix 3
International Criminal Court Assembly of States Parties: Resolution ICC-ASP/3/Res. 6
197
A.
Nomination of candidates for judges
197
B.
Election of judges
199
C.
Judicial vacancies
201
Annex I
Illustrative tables of minimum voting requirements
202
Annex II
Sample ballot paper: election of 6 judges of the ICC
204
Bibliography
205
Index
219