PREPARATORY COMMITTEE ON INTERNATIONAL CRIMINAL COURT DISCUSSES COMPOSITION

OF PROPOSED COURT, QUALIFICATIONS OF JUDGES

The composition of the proposed international court should reflect an

equitable geographical representation and expertise in criminal law,

delegates said in this morning's meeting of the Preparatory Committee for

the Establishment of an International Criminal Court. In today's discussion

of the composition and administration of the proposed court, the

representative of Malaysia said that the judges of the court should reflect

the various legal systems of the world, and the principle of equitable

geographic distribution, a proposal echoed by many other delegations,

including China, Norway, Russian Federation, Trinidad and Tobago and Mexico.

Norway, recalling the frequent occurrence of sexual assault during armed

conflicts, suggested an equitable gender representation both among the staff of the proposed tribunal and the composition of the court itself.

The court should employ judges with experience in international humanitarian law, said the representative of Italy. Experience in criminal prosecution should be the chief determinant in the selection of prosecutors. The United Kingdom representative emphasized that judges should be primarily experienced in criminal trial law. It would be far easier for an experienced criminal lawyer to familiarize himself with international humanitarian law than the other way around, she said. Israel added that expertise in criminal law was a sine qua non for judges holding office in the court's trial chamber, whereas in the appellate chamber the distribution between experts in criminal law and international law could be equal.

Qatar said that the draft statute should indicate a minimum number of years' experience required for nominees for judgeships. Trinidad and Tobago

suggested the statute should indicate "trial experience as an advocate or as a member of the judiciary", rather than criminal trial experience.