Jump to ContentJump to Main Navigation
Selecting International Judges: Principle, Process, and Politics$
Users without a subscription are not able to see the full content.

Ruth Mackenzie, Kate Malleson, Penny Martin, and Philippe Sands QC

Print publication date: 2010

Print ISBN-13: 9780199580569

Published to Oxford Scholarship Online: September 2010

DOI: 10.1093/acprof:oso/9780199580569.001.0001

Show Summary Details
Page of

PRINTED FROM OXFORD SCHOLARSHIP ONLINE (oxford.universitypressscholarship.com). (c) Copyright Oxford University Press, 2021. All Rights Reserved. An individual user may print out a PDF of a single chapter of a monograph in OSO for personal use. date: 02 March 2021

Trends and Reforms

Trends and Reforms

(p.137) 5 Trends and Reforms
Selecting International Judges: Principle, Process, and Politics

Ruth MacKenzie

Kate Malleson

Penny Martin

Philippe Sands

Oxford University Press

Proposals for reform of the selection processes of the international judiciary command considerable support in certain quarters, but face real political hurdles. For this reason, reforms to date have been uneven, making it difficult to identify clear trends. In some courts, such as the ICJ, very little change has occurred. In others, such as the European Court of Human Rights (ECtHR), considerable efforts have been made in recent years to improve the processes. Despite the very disparate nature of the developments, it is possible to discern two tiers of principles at play, which underpin — explicitly or implicitly — recent trends. The first tier concerns the higher-level concepts of independence, professional competence and integrity that are constant across all international courts. Below this layer is an emerging second tier that seeks to operationalize these requirements, using the principles of transparency, non-politicization, merit, diversity, and representation. The second tier is highly contextual, depending on the function, institutional framework, and political context of the particular court. In order to place developments in the ICJ and ICC in the wider context of the international judiciary, interviewees were asked for their views on the merits of recent changes and potential future reforms in other courts. This chapter reviews their responses in the light of developments in judicial selection processes in different parts of the international court system. Responses tended to fall into the following four main categories: (1) transparency; (2) independence and non-politicization; (3) competence and merit; and (4) diversity and representation.

Keywords:   judges, international courts, International Court of Justice, International Criminal, judicial selection

Oxford Scholarship Online requires a subscription or purchase to access the full text of books within the service. Public users can however freely search the site and view the abstracts and keywords for each book and chapter.

Please, subscribe or login to access full text content.

If you think you should have access to this title, please contact your librarian.

To troubleshoot, please check our FAQs , and if you can't find the answer there, please contact us .