The Election 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:

Series: International Courts and Tribunals Series

The Election Process

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Once ICJ and ICC candidates emerge from the national nomination processes, they are presented for election by the states which are, respectively, for the ICJ, members of the UN General Assembly and Security Council and, for the ICC, the Assembly of States Parties (ASP). The governing statutes of the ICJ and the ICC provide little by way of guidance as to the conduct of the elections and virtually nothing is known publicly about the internal mechanics of the election processes. This chapter sheds light on the way in which election rules are applied in practice and identifies other variables that will influence the outcome of the elections. Anecdotal evidence provides strong support for the view that political influences play a significant role in the election processes.

Keywords: judges; international courts; International Court of Justice; political influences; election

Chapter.  18634 words. 

Subjects: Public International Law

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