SELECTION, APPOINTMENT OF JUDGES TO NEW INTERNATIONAL COURT MUST LIVE UP TO HIGH EXPECTATIONS, UN RIGHTS EXPERT SAYS

28 June 2002



The following statement was issued by the Special Rapporteur on the independence of judges and lawyers, Dato' Param Cumaraswamy, today:

“On the eve of the entering into force of the Rome Statute of the International Criminal Court (ICC), and the commencement of the tenth session of the Preparatory Commission, I would like to reflect upon an issue of particular importance, the nomination and selection procedure for its judges.

“The great hope for international justice that the ICC represents, rests with its integrity and its ability to provide fair, independent and impartial justice to people all over the world, irrespective of power, influence or authority. Its ability to achieve these lofty aims rests, to a substantial degree, with it remaining free of politics and its perception as such. The Rome Statute of the ICC provides a solid basis for the development of a strong, independent and apolitical court. However, a risk exists that the court could become politicised if the procedures that regulate the nomination and selection of its judges do not contain adequate safeguards. In this respect it is necessary to elaborate the principles that underlie a legitimate selection process.

“The entire procedure must be based upon the principles of ability, impartiality and transparency - principles that form the basis of any selection procedure based on merit. The Rome Statute provides a means of achieving this, through the establishment of an advisory committee on nominations. As occurs in many national judiciaries, such a committee receives applications and undertakes a preliminary evaluation of the candidates through questionnaires and interviews, determining whether they meet the requirements of the statute, and then makes recommendations as to the most appropriately qualified individuals. It also provides a forum for the public evaluation of nominated individuals, essential for transparency and maintaining public trust in the integrity of the process.

“In accordance with the principles on judicial independence and impartiality, and in order to ensure that it carries out its work effectively, the committee should contain individuals with recognised expertise in the exercise of the judicial function, especially at the international level, such as former members of international courts. If established appropriately the committee can ensure that the nomination and selection process is carried out efficiently and effectively in accordance with the requirements of the Statute and act as a strong safeguard for the integrity of the process.

“The importance that the international community has attributed to the establishment of the ICC, and the faith it has shown in its ability to contribute to the rule of law and international justice underline the importance of the courts legitimacy and the integrity of its composition. It follows that, the selection and appointment of the judges to the court must live up to the high expectations of this same community”.




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