EU’s Borrell urges Israel ‘not to intimidate’, ‘threaten’ ICC judges

EU’s Borrell urges Israel ‘not to intimidate’, ‘threaten’ ICC judges

Sub: IR

Sec: Int Organisation

Tags: International Criminal Court (ICC)?

Context:

• EU foreign affairs chief Josep Borrell on Friday urged Israel “not to intimidate” or “threaten” the judges of the International Criminal Court.

More on news:

• ICC prosecutor Karim Khan has requested arrest warrants for Israel’s Prime Minister Benjamin Netanyahu and Defence Minister Yoav Gallant, as well as top Hamas leaders Yahya Sinwar, Ismail Haniyeh and Mohamed Deif, on suspicions of war crimes and crimes against humanity.
• He said that Palestinian militant chiefs could be culpable of extermination,rape and other acts of sexual violence and taking hostages as a war crime, he accused the Israelis of starvation,wilful killing, and extermination and/or murder.

What is the International Criminal Court (ICC)?

• The court is located in The Hague, is the court of last resort for prosecution of genocide, war crimes, and crimes against humanity.
• It is the first permanent, treaty based, international criminal court established to help end impunity for the perpetrators of the most serious crimes of concern to the international community.
• Its founding treaty, the Rome Statute, entered into force on July 1, 2002.
• Although the Court’s expenses are funded primarily by States Parties, it also receives voluntary contributions from governments, international organizations, individuals, corporations and other entities.

Composition and voting power of ICC:

• The Court’s management oversight and legislative body, the Assembly of States Parties, consists of one representative from each state party.
• Each state party has one vote and “every effort” has to be made to reach decisions by consensus. If consensus cannot be reached, decisions are made by vote.

Process of Appointment of ICC judges:

• Judges are elected to the ICC by the Assembly of States Parties, the court’s governing body. 
• They serve nine-year terms and are not generally eligible for re-election.
• The procedures for the nomination and election of ICC judges are outlined in articles 36 and 37 of the Rome Statute.
• By the time of their election, all judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state.
• The International Criminal Court (ICC) is composed of 18 judges, who are elected for terms of office of nine years by the Assembly of States Parties (ASP) to the Rome Statute, the founding instrument of the Court.
• They are not eligible for re- election.

Nomination of candidates by ICC states parties:

• Judicial candidates are nominated by ICC state parties and must be nationals of a state party. 
• Each state party can put forward one candidate in each election.
• In order to nominate a candidate, states parties can follow
  • (i) the procedure for the nomination of candidates for appointment to the highest national judicial offices in the state in question, or 
  • (ii) the procedure for the nomination of candidates judge to the International Court of Justice
• Election by the ICC Assembly of States Parties
• ICC judges are elected by the Assembly of States Parties during its annual session.
• Each state party can vote, unless it has lost voting rights.
• Voting takes place by secret ballot. 

The necessary qualifications:

• Article 36 of the Rome Statute establishes the qualifications required for ICC judges.
• 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.
• Every candidate shall have:
  • (i) 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, known as “List A”, or
  • (ii) 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, known as “List B”.
• Every candidate shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court: English and French.
• To be elected, candidates must receive a two-thirds majority of the States Parties present and voting.
• ICC judges are elected for non-renewable 9-year terms.
• When selecting judges, ICC states parties shall also take into account the need for the representation of the principal legal systems of the world, equitable geographical representation, and a fair representation of female and male judges.
• ICC states parties shall also consider the need to elect judges with legal expertise on specific issues, including, but not limited to, violence against women or children.