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28 June 2002
The following statement was issued by the Special Rapporteur on the
independence of judges and lawyers, Dato' Param Cumaraswamy, today:
"On the eve of the entering into force of the Rome Statute of the
International Criminal Court (ICC), and the commencement of the tenth
session of the Preparatory Commission, I would like to reflect upon an issue
of particular importance, the nomination and selection procedure for its
judges.
"The great hope for international justice that the ICC represents, rests
with its integrity and its ability to provide fair, independent and
impartial justice to people all over the world, irrespective of power,
influence or authority. Its ability to achieve these lofty aims rests, to a
substantial degree, with it remaining free of politics and its perception as
such. The Rome Statute of the ICC provides a solid basis for the development
of a strong, independent and apolitical court. However, a risk exists that
the court could become politicised if the procedures that regulate the
nomination and selection of its judges do not contain adequate safeguards.
In this respect it is necessary to elaborate the principles that underlie a
legitimate selection process.
"The entire procedure must be based upon the principles of ability,
impartiality and transparency - principles that form the basis of any
selection procedure based on merit. The Rome Statute provides a means of
achieving this, through the establishment of an advisory committee on
nominations. As occurs in many national judiciaries, such a committee
receives applications and undertakes a preliminary evaluation of the
candidates through questionnaires and interviews, determining whether they
meet the requirements of the statute, and then makes recommendations as to
the most appropriately qualified individuals. It also provides a forum for
the public evaluation of nominated individuals, essential for transparency
and maintaining public trust in the integrity of the process.
"In accordance with the principles on judicial independence and
impartiality, and in order to ensure that it carries out its work
effectively, the committee should contain individuals with recognised
expertise in the exercise of the judicial function, especially at the
international level, such as former members of international courts. If
established appropriately the committee can ensure that the nomination and
selection process is carried out efficiently and effectively in accordance
with the requirements of the Statute and act as a strong safeguard for the
integrity of the process.
"The importance that the international community has attributed to the
establishment of the ICC, and the faith it has shown in its ability to
contribute to the rule of law and international justice underline the
importance of the courts legitimacy and the integrity of its composition. It
follows that, the selection and appointment of the judges to the court must
live up to the high expectations of this same community". |
