In an unofficial press release by the International Court of Justice (ICJ) making its rounds on X (formerly known as Twitter), the announcement was made of the appointment of Ugandan Vice-President-Elect, Judge Julia Sebutinde. Sebutinde was elected by her peers on Tuesday the 6th of February 2024, for a term of three years.
The Selection Process for Judges at the International Court of Justice and its Challenges
The International Court of Justice, the principal judicial organ of the United Nations, plays a crucial role in adjudicating disputes between states and issuing advisory opinions on matters of international law. With such weighty responsibilities, selecting qualified and impartial judges is paramount. Here’s an overview of the process and its potential challenges:
Eligibility and Nomination:
- Nominations for ICJ judges come from all UN member states. Each state can nominate one candidate who possesses high moral character, qualifications for the highest judicial office in their country, or recognized competence in international law.
- No two judges can be from the same nationality, ensuring geographical and cultural diversity on the court.
Election and Voting:
- Both the UN General Assembly and the UN Security Council vote simultaneously but separately on the nominated candidates.
- To be elected, a candidate must receive an absolute majority of votes in both bodies. This dual-majority system aims to balance regional interests and global representation.
- Re-election is possible, and one-third of the court is elected every three years to ensure continuity and experience.
Challenges and Criticisms:
- Political influence: While meritocracy is emphasised, nominations and voting patterns can be influenced by political considerations or regional blocs. This can raise concerns about the independence and impartiality of judges.
- Transparency and scrutiny: The nomination process lacks public scrutiny, limiting transparency and opportunities for civil society engagement.
- Diversity and representation: While geographical diversity is ensured, concerns remain about representation from smaller states and underrepresented regions like Africa. Additionally, gender parity has yet to be achieved on the court.
Controversy Around Ugandan Judge Election
In recent weeks, the Republic of South Africa made an application against Isreal, accusing the Jewish state of violating the Genocide Convention, saying thousands of civilians had died because of military operations in Gaza since Hamas attacks on Israel on October 7. Internation Court of Justice judge Sebutinde made global headlines after rejecting the six orders the court made in the application.
The Ugandan-born judge was the only one out of 17 judges to vote against all the measures conferred by the court in its ruling in the South Africa vs Israel case. Sebutinde argued that Israel’s leaders were being misunderstood because their inflammatory and genocidal statements were being levelled against Hamas and not innocent civilians.
She said:
“I agree that any genocidal intent alleged by the applicant is negated by Israel’s restricted and targeted attacks of legitimate military targets in Gaza; its mitigation of civilian harm by warning them through leaflets, radio messages, and telephone calls of impending attacks; and its facilitation of humanitarian assistance.”
Public Outrage at Judge Sebutinde’s Appointment
The statement on X scandalised platform users who did not hesitate to respond and express their fury:
Read more: What to Expect from the SONA 2024.
The UN’s Ongoing Efforts to Improve and Reform the Selection Process:
- The UN has undertaken several initiatives to improve the selection process, including increasing transparency and encouraging nominations from underrepresented regions.
- Independent civil society organisations advocate for reforms to strengthen the meritocratic nature of the process and enhance public trust in the court.
In Conclusion
Understanding the selection process and its challenges is central to informed discussions about the composition and legitimacy of the ICJ. By addressing these challenges, the court can better ensure that its judges embody the highest standards of competence, impartiality, and diversity, leading to greater credibility and effectiveness in upholding international law.
With time, the decision to appoint Ugandan Judge Vice-President-Elect should be clarified in keeping with the UN’s pursuit of transparency in the selection process.
