Judges are at the very heart of any judicial system. They interpret and apply the law and control proceedings, rule on evidence and deliver verdicts and sentences. Judges are expected to use their extensive legal training and expertise in jurisprudence to interpret complex legislation and legal precedents, which often creates binding law for future cases. The quality and performance of judges will affect the institutional legitimacy and credibility of any court and, given the controversy surrounding them, particularly international courts. The Max Planck Encyclopedia of International Procedural Law, a comprehensive, peer-reviewed digital resource from the Max Planck Institute and Oxford University Press, makes the clear point that “The election of judges has an impact on the legitimacy and efficiency of any court.” The selection of judicial candidates for the bench of any court is therefore a critical process.

Heralded at the time as a much needed centre of judicial excellence on the world stage, the International Criminal Court (ICC) opened its doors in 2002. Twenty-four years later the Court can be seen as living on life support buffeted by professional, ethical and sexual scandals and criticised for systemic underperformance. At the heart of its malaise have been the lacklustre judges who have sat on its bench. In December 2025, on the occasion of the 24th session of the Assembly of States Parties (ASP), the body responsible for electing judges at the ICC, the International Bar Association once again called on the Assembly to strengthen “processes for the nomination and election of ICC officials.” This was yet another attempt by supporters of the ICC to draw attention to the hole-in-the-heart of the Court, incompetent judges. It is a matter of record that the ASP was warned on the occasion of the very first election........

© The Times of Israel (Blogs)