Selecting International Judges: Principle, Process, and Politics

Hardcover | July 24, 2010

byRuth Mackenzie, Kate Malleson, Penny Martin

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This book examines the way international court judges are chosen. Focusing principally on the judicial selection procedures of the International Court of Justice and International Criminal Court, it provides the first detailed examination of how the selection process works in practice atnational and international levels: what factors determine whether a state will nominate a candidate? How is a candidate identified? What factors influence success or failure? What are the respective roles of merit, politics, and other considerations in the nomination and election process? The research was based on interviews, case studies and survey data in a range of different states. It concludes that although the nature and quality of nomination and election processes vary widely, a common theme indicates the powerful influence of domestic and international politicalconsiderations, and the significant role of a small group of diplomats, civil servants, lawyers, and academics, often without transparency or accountability. The processes allow overt political considerations to be introduced throughout the decision-making process in ways that may detract from theselection of the most highly qualified candidates and, ultimately, undermine independence. This is particularly evident in the election campaigning that has become a defining feature of the selection process, accompanied by widespread vote trading and reciprocal agreements between states. The effectof these practices is often to undermine the role of statutory selection criteria and to favour candidates from more politically powerful states. The book reviews new judicial selection models adopted or proposed in other international and regional courts, and considers a number of proposals forchange to promote more independent, transparent, and merit-based nomination and election procedures.

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This book examines the way international court judges are chosen. Focusing principally on the judicial selection procedures of the International Court of Justice and International Criminal Court, it provides the first detailed examination of how the selection process works in practice atnational and international levels: what factors d...

Ruth Mackenzie is senior lecturer in international law at the University of Westminster, London. She was formerly principal research fellow and deputy director of the Centre for International Courts and Tribunals at UCL's Faculty of Laws and remains a senior associate of the Centre. Prior to joining UCL in 2002, Ruth Mackenzie was dir...

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Format:HardcoverDimensions:240 pagesPublished:July 24, 2010Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199580561

ISBN - 13:9780199580569

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Table of Contents

Introduction1. The International Court of Justice and the International Criminal Court in Historical Context2. Composition of the International Courts3. The Nominations Process4. Election of Judges to the ICJ and ICC5. Trends and Reform6. ConclusionsAppendix 1: Research MethodologyAppendix 2: Jurisdiction and Judicial Selection Procedures of the ICJ and ICCAppendix 3: Assembly of States Parties: Resolution ICC-ASP/3/Res. 6Appendix 4: Table of Judge Years by Country and Regional Group