Election of judges to the International Criminal Court and ICJ ; Избрание судей в Международный уголовный суд и Международный суд в Гааге ; Tarptautinio baudžiamojo teismo ir TTT teisėjų rinkimai
In: http://oai.elaba.lt/documents/94041375.pdf
The relevance of the research topic is not in doubt both theoretically and practically, in particular to clarify some theoretical provisions and develop practical proposals affecting the electoral process in the ICC and ICJ. As concerns about the conduct of judges of the ICC in the judiciary and beyond have grown, more attention is being paid to the election of ICC judges and how to improve this process. ICC judges play an important role in ensuring the long-term health of the institution: they manage its work well, create timely and authoritative judicial practice and give a general idea of the mission and goals. Without a proper process for the appointment and election of judges, the ICC as an institution will suffer. The hypothesis: the politicization in the ICC and ICJ electoral process leads to an increase in the number of incompetent judges, a distortion of fundamental human rights, a distortion of the judicial process, and question its fairness and objectivity. The object of study is the ICC and ICJ electoral system. The subject of the study is the particularities of the international legal regulation of the electoral activities of ICC and ICJ. The aim of this work is to consider and analyse the problems that arise in the ICC and ICJ election system, as well as to find recommendations for solving them. Tasks of this work is to analyse the system of international criminal judiciary and the procedure for the election of ICC and ICJ judges, also to determine the characteristics of some of the few nominated candidates and to identify shortcomings occurring during the ICC and ICJ election process. As the methodological basis of the study are logical and legal, comparative - legal, system - structural, theoretical modelling, some other methods. In the process of writing, the achievements of the science of international, criminal, criminal procedure law were applied. The practical significance of the study is the possibility of using the results of the work to develop criteria for the election of judges in the ICC and ICJ. The literature under consideration and other sources of information that are devoted to the issue of elections to the ICC and ICJ examine both the legal and political sides of the issue. At the same time, there is a comprehensive analysis of the election procedure, which can reflect the problems present. From which it follows that openly available literature allows us to consider and analyse the development of this institution, its election system and the problems of this issue.