By Haider Rizvi
Inter Press ServiceSeptember 7, 2002
Nations and groups fighting for fair representation of women and the world's regions on the judges' bench of the newly established International Criminal Court (ICC) have won a first victory. A draft resolution prepared by representatives of more than 100 nations this week ensures that elections for the 18 judges will be held in accordance with the principles of "equitable geographical representation" and "a fair representation of male and female judges".
The resolution, which was adopted after a lengthy and intense debate among the delegates, will be officially adopted by the Assembly of State Parties to the Rome Statute early next week. Groups pushing for equal representation of women and developing nations on the Court say Western countries, led by Britain, resisted the principle, pushing instead for "free elections".
"It is appalling to see some government delegates are attempting to rig the election rules to ensure their candidates easily ascend to this Court," said Vahida Nainar of the Women s Caucus for Gender Justice. Delegates from Britain and their allies argued that setting minimum requirements would result in the most qualified candidates being nominated for the posts. But non-governmental organizations (NGOs) and other countries contended that the need for highly qualified candidates would not conflict with fair gender and geographic representation.
Candidates for the judge positions are not required to have served as judges in national courts, but they must have 15 years of experience in a legal position, including as academics, and must be qualified in criminal law and international humanitarian law. The ICC was created to try those accused of war crimes, genocide, and crimes against humanity. It has become controversial because the United States refuses to allow its peacekeepers to be prosecuted by the court.
Earlier this year, the U.N. agreed to exempt U.S. nationals from the court for one year. But the Bush administration has angered many in the international community by approaching countries to sign bilateral deals agreeing to grant immunity to U.S. peacekeepers. "The international community is demonstrating that the court will withstand Washington's irrational campaign to undermine it," said Richard Dicker, director of the International Justice Program at U.S.-based Human Rights Watch group. "It's shocking that the United States is opposing the creation of this new mechanism for justice."
Participants at this week's state parties meeting say some countries have already expressed their intention to nominate candidates by the Nov. 30 deadline. They include Canada, Britain, Switzerland, Portugal, and Senegal. The election is expected to take place in March next year. "The ICC is not just a Court on paper. Now we have a very final legal instrument in place," said Prince Zeid Raad Zeid Al Hussein, president of the Assembly of State Parties and Jordanian envoy to the U.N., on Friday.
Though the language of the draft text ensures "fair representation of female and male" judges, there is no agreement on exactly what that means. "It's not a perfect procedure (but) fairness demands it must be fifty-fifty," says Caroline Baudot of the Coalition for the ICC, a network of over 1,000 NGOs and legal associations lobbying to ensure the Court will take women s experiences of war into account. But according to Prince Zeid Al Hussein, "We have to wait."
Women's group attending the state parties meeting have applauded Switzerland's decision to field Barbara Ott, a former military judge and expert at the International Military Tribunal for Rwanda, as its candidate. "We are happy to see Switzerland begin what we hope will be a serious trend toward seeking out and nominating qualified women to this historic judicial institution," said Nainar.
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