Chapter

The Nomination Process

Ruth MacKenzie, Kate Malleson, Penny Martin and Philippe Sands

in Selecting International Judges: Principle, Process, and Politics

Published in print July 2010 | ISBN: 9780199580569
Published online September 2010 | e-ISBN: 9780191594489 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780199580569.003.0004

Series: International Courts and Tribunals Series

The Nomination Process

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The nomination process is critical in determining the quality of judges selected to the ICJ and ICC. Both the ICJ and ICC Statutes cover the nomination processes but the rules are open-ended and lack specificity as to the exact procedures to be followed. This chapter seeks to shed light on the nomination process, in the words of insiders who have been directly involved as candidates or potential candidates, decision-makers, or observers. The information gathered was drawn from a sample of the state parties of the two courts, with the aim of representing the range of approaches taken by states. It is shown that some insiders lack detailed understanding of the nomination processes even in their own states; as a result, accounts are fragmented and contradictory, and only a few well-informed insiders appear to be familiar with the details.

Keywords: judges; international courts; International Court of Justice; International Criminal Court; nomination

Chapter.  19407 words. 

Subjects: Public International Law

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