Strengthening Advocacy in Women's Human Rights and International Justice

 


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Draft Letter to Prime Ministers/Presidents, Foreign/Justice/Women's Ministries, Parliamentarians and Missions 
- September 2002 -

(NOTE: Please insert the name 
of the country where appropriate.)

Re: Nomination of Qualified Women as Judges, Prosecutor and Deputy Prosecutor to the International Criminal Court

Excellency,

We understand that at the first meeting of the Assembly of States Parties of the International Criminal Court (ICC) from 3-9 September 2002, the rules for nomination and election of judges were adopted and the nomination period was officially opened. We are now writing to express our serious concern that the mandates of the Rome Statute regarding a fair representation of women and men in the composition of the Court be fulfilled.

The record of women in different legal institutions at the international level has been dismal. Currently, there is only one woman judge serving at both the International Court of Justice and the International Criminal Tribunal for the Former Yugoslavia. Three women are serving on the International Criminal Tribunal for Rwanda and no women are serving on the 21-member International Tribunal for the Law of the Sea. Further, the recently released list of candidates for election to the ICJ does not contain even one woman candidate.

Given the difficulties in the negotiations of rules for the election of judges and the fact that only one of the nine countries which have so far announced their candidates has put forward a woman, we are concerned that there is less real commitment among the States Parties to carry forward the gender mainstreaming mandates of the Rome Statute. The ICC will be the first international institution of the 21st century, indeed of the new millennium, established by multi-lateral treaty and is the first of its kind. It is time, finally, that women are accorded a presence in such institutions on an equitable footing.

[Name of country], as a State Party to the Rome Statute, has a historic opportunity to ensure that the ICC sets a new standard with respect to a presence of women on the Court. Doing so will only increase its esteem and prestige in the world. In light of this, we request the following information:

1. Is [name of country] intending to nominate a candidate for the position of judge, prosecutor or deputy prosecutor?
2. If so, what steps is [name of country] taking to ensure that a 'fair representation of female and male" judges in article 36(8)(a) of the Rome Statute is achieved?
3. What specific steps is [name of country] taking to seek out, identify and nominate qualified women candidates for the position of judge, prosecutor or deputy prosecutor?
4. What is the process by which [name of country] evaluates whether a candidate meets the criteria required for the position? Are endorsement of human rights and awareness of gender issues among them?
5. To what extent has your government consulted with NGO's and representatives of civil society in the selection and nomination of your potential candidate?

With only twelve weeks to go before the nomination period closes on 30 November, we believe that governments of States Parties must take active steps to ensure that qualified women candidates are nominated. We look forward to an immediate response to the above concerns.

Signed,


[your name]