The design and reality of the Rome Statute system means that states retain exclusive prerogative in nominating candidates for election, a fact recognised by the Committee when it concluded that, ‘[T]he national nomination was an internal procedure of the State of nationality of the candidates and did not have any bearing on its assessment of those candidates.’ While it is desirable that national nomination processes are transparent and merit-based, it is inconceivable that all the 123 states parties to the Rome Statute can adopt identical procedures, given their different national legal and political systems and practices. However, Tsilonis likely has more proximity to the inner workings of the ICC in light of his pro bono assignments with the Disciplinary Board for Counsel at the ICC and the International Criminal Court Bar Association. However, some observations can be made here. While most candidates were deemed “qualified” or “highly qualified” by the Committee, FIDH is very concerned that seven were classified as “only formally qualified” and showed a very limited understanding and knowledge of the Rome Statute and the practices, procedures and jurisprudence of the Court. [2], A judge may be removed from office if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. Despite having extensive international judicial experience spanning decades as a Roster Judge at the International Residual Mechanism for Criminal Tribunals for the former Yugoslavia and Rwanda (2011-2020), as Judge at the ICTR (2003-2012) and as President Judge of the Extraordinary African Chambers that conducted the Hissène Habré trial (2015-2016), the Committee deemed him simply ‘qualified’. [23] The firsts President of the ICC were Philippe Kirsch, who served from 2003 to 2009, Sang-hyun Song from 2009 to 2015, Silvia Fernández de Gurmendi from 2015 to 2018. The issue of language proficiency often falls at the bottom of key considerations in the early stages, yet it is often a swinging factor during election ‘crunch time’. The United Kingdom’s Joanna Korner served as Senior Prosecuting Trial Attorney at the International Criminal Tribunal for the former Yugoslavia (ICTY) from 1999-2004 and 2009-2012. As the Committee recommends, it would be useful ‘that for future nominations, as a contribution to facilitate the vetting process, the material submitted with the nomination should include a certificate as to the lack of a criminal record in the candidate’s home country; the candidate must reveal if he/she has criminal convictions in any other country’. India’s Ban on Chinese Apps: A Tryst with the Security Exception in GATS, The Procedural Inconsistency of the Envisaged EU Enforcement Regulation with the EU’s WTO Obligations, Trafficking in Persons – the Forgotten International Crime? International Criminal Court (4 December 2007). 09.10.20 | 0 Comments [Owiso Owiso is a Doctoral Researcher in Public International Law at the University of Luxembourg and Sharon Nakandha is a Program Officer with the OSF Africa Regional Office (OSF-AfRO). The Judicial Chambers[26] are organized into three main divisions. Sorry, the comment form is closed at this time. When election day comes around, States Parties will hopefully be able to make a well-informed choice. All three were elected on 11 March 2018.[24]. With the exception of the representatives of the State of Palestine and Kenya, the rest have all served as judges at either national, regional or international level. [22], The Presidency comprises the President and the First and Second Vice-Presidents – three judges of the court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms. Elections are held in New York (United States of America) during the annual autumn session of the General Assembly. However, in March 2021, the mandates of six of them will come to an end. The Committee concluded that this process did not yield any adverse information against the nominees. That said, the fact that the current committee attempts to provide an extra level of detail in comparison to past committees is a step towards fulfilling the recommendations of the 2019 ASP resolution on the review of  the procedure for the nomination and election of judges. But that’s not all! Depending on how one interprets it, it could mean that the Committee disapproves of the nominee, or reluctantly approves or simply does not know what to say. They will do this during the annual ICC Assembly of States Parties (ASP), to be held in New York from 7 to 17 December 2020. [1] List B comprises candidates who have "established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court". – Part II, Trafficking in Persons – the Forgotten International Crime? c) Only formally qualified: the candidate meets the requirements set out in the Rome Statute for election as a judge, but it is uncertain if the candidate could make a noteworthy contribution to the work of the Court. Suffice to note that some have questioned Nigeria’s Justice Bello’s handling of a case involving human rights violations and another politically sensitive case, though this does not appear in the Committee’s report. Just as the ICC should be a symbol of integrity and impartiality, so must be the bench that composes it. It is unclear, therefore, why the Committee misinterpreted and misapplied this otherwise express provision. According to the Committee’s report, Bosnia and Herzegovina, The Gambia, Greece, Mexico, Mongolia, Nigeria, Senegal, and the United Kingdom of Great Britain and Northern Ireland did not bother to provide any information at all, while one other, presumably Republic of the Congo, provided the information but stipulated that it would remain confidential, for reasons that are as yet unclear. Georgia’s Gocha Lordkipanidze is a career diplomat who has served in various diplomatic and advisory capacities since 1992 and who is particularly familiar with the ECtHR and UN treaty bodies, having handled numerous cases before these bodies. International Criminal Court (ICC) en es fr. On 30 September 2020, the Advisory Committee on Nominations of Judges (ACN) published its report assessing the suitability of 20 candidates to fill six vacancies on the bench of the International Criminal Court (ICC) in 2021. With the exception of Greece’s Viktor Panagiotis Tsilonis, the rest of the List A nominees have judicial experience in their respective countries. Decisions of the Pre-Trial and Trial Divisions may be appealed to the Appeals Division (the President and four other judges). The four nominees assessed as highly qualified have either a diplomatic or academic background. The lack of transparency and credibility of national nomination processes has been the source of intense debate since the election of the ICC’s inaugural judges. The committee categorised six List A nominees including Tsilonis as highly qualified, one as qualified and five as ‘only formally qualified’. One also cannot help but wonder whether there is a certain bias among Committee members because five out of nine (including its chair and vice-chair) are former ICC judges themselves? Rather, the observations made herein are that the Committee’s evaluations of the nominees are inconsistent and that, consequently, it is difficult fully to see what value the Committee’s report contributes to the election process. Overall, the Committee’s report is marred with some level of contradiction and inconsistency. The Committee attempted to provide some guidance on its formulation thus-. Should a judge die or resign during his or her term of office, a special election is held as soon as possible to choose a judge to fill the unexpired part of the term.

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