ELECTION OF JUDGES TO THE INTERNATIONAL COURT OF JUSTICE: PROPOSALS FOR REFORM WITHOUT AMENDING THE STATUTE

Abstract

In November 2023 the United Nations (UN) General Assembly and Security Council elected (in one case, re-elected) five judges to the International Court of Justice. The electoral system is considered to be overly politicized and to pay lip service to the requirements that judges must be elected on the basis of their qualifications, regardless of their nationality, and that in the body as a whole, the representation of the main forms of civilization and the principal legal systems of the world should be assured. Several amendments to the system of nominations and elections have been proposed that would require a reform of the Court's Statute. This article proposes four measures that could be adopted without amending the Statute or encroaching on the prerogatives of national groups, UN organs or Member States: (1) ensure the representation of the principal legal systems, in part by promoting regional diversity on the bench; (2) remove the use of nationality as a factor in casual elections; (3) establish a vetting process and public hearings; and (4) promote a single vote for Security Council members. It argues that the measures proposed would lead to a change in the present culture of nominations and elections towards one that favours the qualification of the judges over political considerations.