(a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.
(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 [List A]; or
(ii) Have established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court [List B]...
- Miriam Defensor-Santiago (right) of the Philippines (prior IntLawGrrls posts); and
- Olga Venecia Herrera Carbuccia of the Dominican Republic.
In terms of the Report's conclusions, it is clear that this Panel was not destined to be a rubber stamp. The Panel sought additional information where candidate dossiers were incomplete and reviewed outside information in addition to the materials provided by the Assembly of State Parties (ASP) Secretariat and the CICC (including a detailed questionnaire). On the basis of this work, they reached the following conclusions:
Wladyslaw Czaplinski (Poland)
In reaching these conclusions, the Panel made clear:
The Panel does not endorse, oppose or rank candidates. The Panel's determination of 'Qualified' or 'Not Qualified' for each candidate is based strictly on the requirements of the Rome Statute.
- work with governments to ensure that their nomination packets are complete and comply with the Statute
- consider what to do about potential conflicts of interest involving elected judges who are not immediately called for service
- address the legal and policy questions around the fact that there maybe two judges of the same nationality on the bench if outgoing judges are retained for continuing proceedings
- consider utilizing age restrictions or health assessments to ensure that candidates will be able to serve their full terms
- adopt a voluntary code of conduct for ICC judges to ensure they do not make remarks in public about legal issues on which they may be required to rule
- establish its own internal expert Panel to vet candidates
Our colleague Bill Schabas adopts a critical stance toward the results, arguing that the review was too mechanistic and formulaic. He also takes issue with the conclusion that Judge Bankole Thompson, a judge on the Special Court for Sierra Leone, is "qualified" in light of his dissent in the CDF case (beginning at p. 21339 here, and continuing here). In it, he conflated the jus ad bellum and the jus in bello to argue that members of the goverment-supported Civil Defence Forces should be exonerated, not withstanding their involvement in international crimes, in light of the fact that they were fighting a "just war." Under the circumstances, Professor Schabas would choose the Cypriot family law judge over someone "with such a misguided view of personal responsibility for atrocity crimes."
The elections to fill the 6 open spots are scheduled to take place during the next meeting of the Assembly of States Parties, December 12-21, 2011, in New York. It promises to be interesting ...