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Selecting International Judges: Principle, Process, and Politics$
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Ruth Mackenzie, Kate Malleson, Penny Martin, and Philippe Sands QC

Print publication date: 2010

Print ISBN-13: 9780199580569

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199580569.001.0001

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The Nomination Process

The Nomination Process

(p.63) 3 The Nomination Process
Selecting International Judges: Principle, Process, and Politics

Ruth MacKenzie

Kate Malleson

Penny Martin

Philippe Sands

Oxford University Press

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

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