December 2, 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.
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 and the international movement to support its formation. For more information, please visit http://www.iccnow.org.
CONTACT: Adele Waugaman, Media Liaison Coalition for the International Criminal Court Tel: +1 212 687 2176 Fax: +1 212 599 1332 e-mail: This e-mail address is being protected from spambots. You need JavaScript enabled to view it WWW: http://www.iccnow.org/pressroom.html
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