37th Meeting (AM) 20 August 1996Regarding the number of judges on the court, Italy favoured the naming of 18 judges for the tribunal, with 5 judges in its trial chamber, who would be elected to single nine-year terms. Switzerland, calling for a "lean court", proposed no more than 15 and perhaps as few as 12 judges, three per chamber. France suggested 24 justices, with between five and six judges per chamber.
The representative of the United States said that trial and appellate judges should be drawn from separate groups of candidates; otherwise, their
independence may be drawn into question. Regarding the proposed election of
elected judges, she said that judges should be appointed subject to
confirmation. That would allow for the selection of the best-qualified
judges while avoiding a "beauty contest" of judges competing for popular
election.
Several delegations, including the Russian Federation, China and the United
States, indicated that judges need not necessarily be nationals of States
party to the proposed court. Mexico suggested the contrary, saying that
limiting the judges to the States party to the court would provide an
incentive for States to ratify the statute, a view that Australia also
supported.
Israel suggested a rotation of the judges between chambers. Several other
delegations, including Mexico, India and Australia, said that such a
rotation was not advisable.