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Press
Release - For Immediate Release - 29
November 2002
FOR IMMEDIATE RELEASE
Civil Society Expresses Concern
About Nomination Process
in the Election of Judges to the International Criminal Court
Nomination Process Not Following Established Criteria, Groups Say
(New York, November 29, 2002) - The NGO
Coalition for the International Criminal Court (Coalition) expressed
concern today that some candidates for judgeships at the newly-formed
International Criminal Court (ICC) have not been nominated in accordance
with the criteria provided in the Rome Statute of the ICC, or with the
nomination procedures adopted by the Assembly of States Parties (ASP), the
ICC's governing body. Unless extended, the nomination
period will close on November 30, 2002; elections are expected to take
place during resumed first session of the ASP from February 3-7, 2003.
"If some governments do not follow the legal requirements for
nominations it could undermine the integrity of the election process, the
Statute and the new Court," stated William R. Pace, Convenor of the global
Coalition for the International Criminal Court.
The Coalition is concerned that not all candidates have been
nominated in accordance with Article 36 of the Rome Statute, which
requires that one of two procedures be followed: that used to nominate
judges for the International Court of Justice, or that which governments
use for nomination to their highest judicial offices. A primary purpose
of this requirement is to ensure that highly qualified individuals are
nominated. Reportedly, some government leaders have ignored or
circumvented these procedures in favor of nominating persons of their own
choice.
Furthermore, the Coalition is aware of complaints from members and
governments that some candidates may have been improperly listed in terms
of their legal backgrounds and expertise. The nomination and election
procedures require candidates to be "listed" in one of two
categories. "List A" candidates must have established competence in
criminal law and procedure, such as through experience as a judge,
prosecutor or advocate. "List B" candidates must have expertise in
international law. Because the Rome Statute requires that the majority of
elected judges have qualifications from "list A", some governments are
reportedly placing their "list B" qualified candidates on "list A" to
improve their chances of election.
"The real concern here is not so much fudged election tactics," said
Pace, "but rather the effect mismatched qualifications will have on the
Court's functioning."
Pam Spees of the Women's Caucus for Gender Justice, a Coalition
Steering Committee member, explained in further detail, saying, "The
Statute provides that the pre-trial and trial chambers be composed
predominantly of judges with criminal trial experience, which are
those from 'list A', so it is imperative that only judges fully meeting
those qualifications are on that list."
The Coalition is also concerned that not all nominees have presented
statements detailing their qualifications, which nomination procedures
require be posted to the UN web site (http://www.un.org/law/icc/elections/judges/judges_nominations.htm).
Candidates for the eighteen judge positions may be nominated by any
country that is a State Party to the ICC, and a minimum number of
candidates by region, gender and legal expertise must be presented before
the nomination period will close. The earliest possible deadline is
November 30, 2002, at which time the nomination period may be extended
until December 8 in order to provide more time to secure the broadest
possible range of candidates.
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About the NGO Coalition for the International Criminal Court
The NGO Coalition for the International Criminal Court (Coalition) is
a network of over 1,000 civil society organizations and legal
associations working to support a permanent, fair and independent
International Criminal Court. Established in 1995, the Coalition is
the leading source of information regarding the ICC. For more
information, please visit
http://www.iccnow.org.
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