Election of Judges of the International Criminal Court: Towards Integrity and Transparency of the National Nomination Procedures

Kolaković-Bojović, Milica (2024) Election of Judges of the International Criminal Court: Towards Integrity and Transparency of the National Nomination Procedures. In: Međunarodna naučna konferencija Odnos međunarodnog krivičnog i nacionalnog krivičnog prava: zbornik radova sa međunarodne naučne konferencije, Palić, 14-17. jun 2024. Tom 1. Udruženje za međunarodno krivično pravo ; Pravni fakultet, Beograd, pp. 143-160. ISBN 978-86-6132-126-9

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Abstract

The election of judges to the International Criminal Court (ICC) is a critical process that shapes the Court’s legitimacy and effectiveness. This paper delves into the normative framework governing the election of ICC judges, explores the challenges arising from the past election cycles, examines national nomination procedures in the State Parties, and discusses the efforts to enhance these procedures. By scrutinizing these aspects, the paper aims to contribute to the ongoing discourse on improving the democratic legitimacy of the ICC through the lens of the recent, ongoing and the forthcoming activities of the Advisory Committee for nomination of judges of the International Criminal Court (ACN), but also with respect of the role that in that plays the Assembly of ICC (ASP). Since ACN plays a pivotal role in enhancing the nomination procedures for ICC judges, it has been actively engaged in developing non-binding instruments aimed at improving the transparency, inclusivity, and integrity of the nomination process. These efforts were made in response to the challenges identified in past election cycles, including concerns regarding the quality of candidates and nomination process itself, gender and geographical representation, and overall fairness.

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