Election for Criminal Court Judges Starts

The upcoming election of the first bench of judges for the International Criminal Court has raised interesting debates among the 88 member states on issues of sovereignty and citizenship; especially between some European countries and the United States, which differ greatly on these issues. The Court will handle trials of crimes against humanity, and while diplomats have expressed satisfaction at the quality of candidates, some non-governmental organizations have expressed concern that some candidates have “tainted” human rights records themselves. - YaleGlobal

Election for Criminal Court Judges Starts

Mark Turner
Tuesday, February 4, 2003

Amid great expectation and some opposition, the 88 states composing the new International Criminal Court will elect its first bench of 18 judges on Tuesday, paving the way towards a functioning tribunal before the end of the year.

Expected to be the pre-eminent guardian of international justice and a multilateral response to genocide, war crimes and crimes against humanity, the Hague-based ICC will try individuals accused of commiting those crimes after July 2002, when the treaty establishing it entered into force.

The court has caused a rift between European countries and the United States, which fears it could be used as a political instrument. Washington has signed 18 bilateral treaties with other countries exempting US citizens from the ICC's jurisdiction.

During several rounds of voting, states delegates will choose from a list of 43 candidates, including 10 women. While diplomats suggest the quality of candidates is relatively high, human rights organisations have voiced reservations about some of the nominees and the election process.

Concern had been expressed, for example, over the nomination by Fiji of Timoci Tuivaga - a retired chief justice who was instrumental in drafting the military's martial law decrees during the coup three years ago.

"We are looking to states electing the candidates on the basis of qualifications, not backroom deals," said Richard Dicker, an international justice expert with Human Rights Watch. "This court and the victims it will serve deserve more than political horse-trading."

Analysts hope the judges' election will clear the way for the election of a prosecutor, originally scheduled for this week. Results from the first round of voting on judges will be known late on Tuesday, but the full list could take several days.

© Copyright The Financial Times Limited 2003