17 July: International Criminal Justice Day; ASP calendar; 20th Anniversary Events; Crime of aggression. 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). d) Not qualified: the candidate does not meet the formal requirements set out in the Rome Statute. It all started with a nomination period during which States Parties were able to nominate candidates. One member, Enrique Eduardo Rodríguez Veltzé also happens to serve as Bolivia’s Ambassador to the Netherlands, based in The Hague. The good news is that the ACN considered the majority of the 20 candidates to be qualified (three) or highly qualified (10), and that none of them were not at all qualified.
Until such time as such guidance is provided and the Committee’s mandate is extended beyond simply documenting these processes to evaluating them, we are unlikely to see any improvements to this aspect in the election of suitable candidates. Further, González had failed to disclose a prior administrative complaint against him, but he was able to explain the circumstances of the complaint during the oral interview to the Committee’s satisfaction. As of June 2018, 6 of the 18 judges are female. Four List B nominees were considered highly qualified, two qualified and two only formally qualified. The Committee also concluded that he ‘demonstrated that he is knowledgeable about the general functioning of the Court, and is sufficiently familiar with the Rome Statute and the jurisprudence of the International Criminal Court’. They shall take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women and children. Their responses to the questionnaires can be found on the CICC website, here.
In order to be elected, a candidate must receive an absolute majority of the votes in both bodies. Might this be what finally distinguished the two candidates and finally led to a different grading?
Presidency of the International Criminal Court, Results of the third election of the judges of the International Criminal Court, ICC information page on the November 2009 election of judges, "New ICC Presidency elected for 2018-2021", http://www.philstar.com/headlines/2014/06/03/1330591/miriam-quits-icc-judge, "2017 - Election of six judges – Results", https://en.wikipedia.org/w/index.php?title=Judges_of_the_International_Criminal_Court&oldid=981507747, Creative Commons Attribution-ShareAlike License, Eboe-Osuji, Morrison, Hofmański, Ibáñez, Balungi Bossa, Perrin de Brichambaut (Presiding Judge), Herrera Carbuccia, Kovács, Fremr (Presiding Judge), Alapini-Gansou, Prost, Fremr (Presiding Judge), Herrera-Carbuccia, Chung, Schmitt (Presiding Judge), Perrin de Brichambaut, Pangalangan, Pangalangan (Presiding Judge), Kesia-Mbe Mindua, Schmitt, Schmitt (Presiding Judge), Kovács, Pangalangan, Kesia-Mbe Mindua (Presiding), Akane, Prost, Kovács (Presiding), Perrin de Brichambaut, Alapini-Gansou, Kesia-Mbe Mindua (Presiding), Akane, Salvatore Aitala. Like the other Africa group candidates, the sole nominee from the Asia Pacific States group, Mongolia’s Khosbayar Chagdaa, who has served as Judge in the criminal division of Mongolia’s courts since 2006 and as lecturer of advanced criminal law since 2011 was deemed only formally qualified, again because on the basis of his answers at the interview he appeared ‘not [to] have in-depth knowledge of the Rome Statute or the jurisprudence of the International Criminal Court’ and because ‘[t]he Committee was not entirely persuaded that [his] oral proficiency in English … met the high standard prescribed under article 36, paragraph 3 (c), of the Rome Statute’. Sorry, your blog cannot share posts by email. 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? Once elected, a Member of the Court is a delegate neither of the government of his own country nor of that of any other State. While the COVID-19 pandemic presented extenuating circumstances this time round, one cannot help but wonder whether a face-to-face engagement would have made a difference for the various candidates. All three were elected on 11 March 2018.[24]. United Nations Department of Public Information (26 January 2006). As of November 2019, and after the International Criminal Court judges election in 2017, there are 18 full-time judges serving their mandate. The views expressed herein are personal.
Looking back at the last election results, two candidates, Italy’s Rosario Salvatore Aitala (List A) and Benin’s Reine Alapini-Gansou (List B) made it despite being categorised as ‘formally qualified’ in the committee’s report. Doubts have also been raised elsewhere concerning his qualification for appointment to the highest judicial office in Colombia, a fundamental requirement of Article 36(3)(a) of the Rome Statute, though this does not appear in the Committee’s report. The sixth ordinary election took place in December 2017 to replace the judges elected in 2009. By contrast, the Committee awarded Brazil’s Mônica Jacqueline Sifuentes the lukewarm ‘qualified’ score apparently because her ‘knowledge of the work of the Court is basic and was based principally on her reading and research’. The report sheds light on the suitability (or unsuitability) of each candidate for a position as an ICC judge. Finally, they can share with their States’ representatives the responses of the candidates to the questionnaire created by civil society, or at least give them visibility. The ASP can elect any nominee from the list of 20 regardless of the Committee’s evaluation, as it has indeed done in the past. Not eligible for re-election in 2009, remained in office as member of Trial Chamber I. ‘Grading’ the Nominees for the International Criminal Court Judges Election 2021-2030: The Report of the Advisory Committee on Nomination of Judges—Part II. Members of the Court are independent judges whose first task, before taking up their duties, is to make a solemn declaration in open court that they will exercise their powers impartially and conscientiously. Established competence and relevant experience in criminal law and procedure suffices, though of course specific knowledge of ICC law and procedure is advantageous. His experience teaching postgraduate studies in international criminal justice may also have given him an edge, though he only appears to have done this for one year as a visiting lecturer. 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.
[3], The Presidency is the organ responsible for the proper administration of the court, except for the Office of the Prosecutor. Could the case of Tsilonis and Sifuentes simply be one of ‘who prepped better for the interview?’ Like Sifuentes, Tsilonis’ international criminal law experience appears limited. Reading the information submitted by the various states, it quickly becomes clear that there is no uniformity in the information provided. Public roundtables with the candidates will be held mid-October, presenting a valuable opportunity for States Parties and civil society to directly engage with the candidates, evaluate their knowledge of the Rome Statute system and raise potential concerns about their qualifications. (b) Every candidate for election to the Court shall: (i) Have established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings; or. Other expertise, especially on sexual and gender-based violence, children’s rights, and victims’ rights, should also be favoured. Post was not sent - check your email addresses! in relation to trials in absentia), he understands remarkably well the functions and powers of the [ICC]’.
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