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Part 4 Composition and Administration of the Court: Composition et Administration de la Cour, Art.36 Qualifications, nomination, and election of judges/Qualifications, candidature et élection des juges

William A. Schabas

From: The International Criminal Court: A Commentary on the Rome Statute (2nd Edition)

William A Schabas

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2023. All Rights Reserved.date: 17 June 2024

Elements of crimes — International criminal law, conduct of proceedings — Evidence

This chapter comments on Article 36 of the Rome Statute of the International Criminal Court. Article 36 provides an elaborate list of criteria for selection of judges, aimed at ensuring competence in criminal trial procedure and public international law as well as geographic and gender balance. The Assembly of States Parties has devised a complicated election process in order to ensure that these goals are actually achieved. Specifically, the article sets out the number of judges, the basic qualifications of judges, election procedure, and terms of office. It is also one of the longest provisions in the Rome Statute, comprising ten paragraphs, some of them quite detailed, and more than 1,100 words.

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