For more than 30 years, Parliamentarians for Global Action (PGA) has worked for the establishment and effective operation of the International Criminal Court (ICC), the first and only permanent independent international court capable of investigating and bringing to justice individuals who commit the most serious violations of international criminal law, international humanitarian law and human rights. Today, the ICC is at a critical juncture and PGA members have an integral and vitally important role to play to ensure that it delivers impartial justice for victims by upholding the quality of the men and women who serve as its judges.

In recent years, the ICC’s jurisprudence has, at times, come under criticism and the performance of its judicial organs been called into question. PGA and its global membership stand together with likeminded States Parties to denounce external attacks on the Court and those who would obstruct the fight against impunity; we also work to ensure that internal challenges and obstacles to the ICC’s effective functioning are addressed, hence aligning the practice of the judicial institution to the principles of its founding treaty. Perhaps no factor is as determinative of the ICC’s ability to fulfill its mandate as the caliber of its judges. The year 2020 therefore is of great significance for the ICC. In December, the Assembly of States Parties (ASP) to the Rome Statute will elect six new judges.

Although the Rome Statute contains certain requirements for candidates for judicial positions, in previous elections, considerations of expertise and integrity often have been superseded by other factors when States have put forward nominees, including political influences. It is imperative that the profoundly important task of electing judges is not a political exercise but a genuine process of determining the most qualified individuals.  

The period to submit nominations to the Court is open and closes on 30 March. The time to act is now.

What can you do to uphold the quality of the judges at the ICC?

• If your country is a State Party to the Rome Statute of the ICC (please see the full list of 123 States Parties), it has a right to nominate a candidate for a nine-year tenure as a judge. Call upon your Governments to open a merit-based, pre-established, and transparent procedure at the national level (Open Call for Nominations) and thereafter transmit a ranked list of the best possible candidates to the Advisory Committee on Nominations of the ASP for the position of ICC Judge before 30 March 2020. This can include, inter alia:      

  • Posing a parliamentary question

  • Writing a letter to the Minister of Foreign Affairs or appropriate government official in your country

  • Making an oral or drafting a written statement

How can PGA help?

The PGA Secretariat stands ready to support you in any way possible to this end, including sharing concrete examples of fair, transparent, and merit-based judicial nomination processes – both at the national level for the ICC and processes identified as good practice for other judicial institutions. Our Secretariat also can provide support for drafting of statements or parliamentary actions along the above lines. [See our open letter to members here in English, French, and Spanish with additional details].

What else is PGA doing to support the integrity of the ICC?

Enhancing the integrity, independence, and effectiveness of the system set-up by the Rome Statute of the ICC (primary jurisdiction on international crimes to be exercised by States and complementary jurisdiction to be exercised by the ICC) has always been a core area of PGA’s work. However, this priority has taken on greater and renewed relevance in light of the increased criticisms of the Court, and the responsive efforts at reform. This includes actively participating in an ongoing independent expert review (IER) of the ICC as a Steering Committee member of the Coalition for the International Criminal Court (CICC). With fellow non-governmental organizations (NGOs), PGA also will continue to support the selection and election of a qualified, capable, and effective third Prosecutor based on her/his capacity to effectively investigate and prosecute complex crimes, rather than considerations of seniority or political concerns. The PGA Secretariat is happy to provide further information and updates on these initiatives for any interested members.