Elections of Judges and RegistrarAt the upcoming ASP session, states will vote to elect three new judges. Consistent with procedures adopted by the ASP, two of the judges elected must be candidates with criminal law and criminal trial experience (“list A”). The other judge may have established competence in international law and experience in a professional legal capacity relevant to the ICC’s judicial experience (“list B”) instead of meeting list A’s qualifications.23 In electing new judges, states parties must put aside politics and vote only for the most highly qualified judges. This approach is consistent with what Human Rights Watch urged in advance of the ICC’s first judicial elections in 2003.24 Many elections at the United Nations and other international institutions have been characterized by "vote-trading," where states agree to support one another's candidates with minimal regard to the individual's qualifications. However, vote-trading can lead to the election of poorly qualified judges. It is imperative that states elect the best legal minds and the most qualified jurists to ensure a skilled and representative bench. The judges elected will be at the cutting-edge of a rapidly developing system of international justice. Principle and merit should rule the day. Human Rights Watch also believes that all newly elected judges from this point forward should have criminal trial experience. The ICC is beginning what will necessarily be complex and highly charged trials. Seasoned practitioners are in our view infinitely better placed to conduct them. Indeed, the practice of other international and hybrid criminal tribunals has shown that criminal trial experience is vital to judges effectively managing the courtroom and conducting proceedings that are both expeditious and adhere to the full range of international fair trial standards. We urge states parties to review closely each candidate’s qualifications and to only elect those with the most relevant experience. We also urge states parties to nominate judges in the future who have criminal trial experience. At the sixth session, the ASP may decide to make recommendations with regard to a new registrar who will be elected by the ICC judges.25 We urge states parties to recommend only the most highly qualified candidates. An effective registrar in our view should have exceptional competence in matters of administration while also having an ability to conceptualize and advance a proper vision for the ICC’s work. |