
Contents
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3 Generating Incentives to Appoint Women to the International Bench: Experiences with State practice
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17 The Contribution of Women Judges and Prosecutors to the Development of International Criminal Law
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18 The Contribution of Female Judges to the Victim Jurisprudence of the International Criminal Court
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1. Introduction 1. Introduction
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2. Existing Diversity Criteria in the Legal Framework of the Court 2. Existing Diversity Criteria in the Legal Framework of the Court
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2.1 Diversity as Part of the Selection Criteria for ICC Judges 2.1 Diversity as Part of the Selection Criteria for ICC Judges
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2.2 Diversity as Part of the Criteria Influencing the Judicial Function 2.2 Diversity as Part of the Criteria Influencing the Judicial Function
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3. The Relative Absence of Ethnicity and Religion Criteria in the Legal Framework of the Court 3. The Relative Absence of Ethnicity and Religion Criteria in the Legal Framework of the Court
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3.1 The Quasi-absence of Ethnicity and Religion in the Legal Framework of the Court 3.1 The Quasi-absence of Ethnicity and Religion in the Legal Framework of the Court
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3.2 The Residual Presence of Ethnicity and Religion in the Legal Framework of the Court 3.2 The Residual Presence of Ethnicity and Religion in the Legal Framework of the Court
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4. The Irrelevance of Ethnicity and Religion as Diversity Criteria 4. The Irrelevance of Ethnicity and Religion as Diversity Criteria
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4.1 The Complex Objectivization of the Criteria of Ethnicity and Religion 4.1 The Complex Objectivization of the Criteria of Ethnicity and Religion
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4.2 The Limited Contribution of Ethnicity and Religion as Diversity Criteria in Assessing the Legitimacy of the Court 4.2 The Limited Contribution of Ethnicity and Religion as Diversity Criteria in Assessing the Legitimacy of the Court
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5. Conclusion 5. Conclusion
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22 Ethnicity, Religion, and Diversity at the International Criminal Court: Is More Too Much?
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Published:December 2020
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Abstract
The legal framework of the International Criminal Court (ICC) provides for several criteria designed to ensure a level of diversity on the Court’s bench. The drafters of the Court’s legal instruments did not provide for these criteria ex nihilo, they built on previous long-standing practices of international courts and tribunals, such as the International Court of Justice. Reflecting on the diversity of the ICC’s bench raises the question whether additional criteria could be imposed to strengthen the existing framework. This chapter explores whether ethnicity and religion may fall in that category, by revisiting the existing rules and questioning the implications of adding these concepts as criteria to reinforce diversity on the ICC’s bench. Even though a deeper understanding of the ethnic and religious dimensions of a conflict could potentially improve judicial decision-making, this chapter concludes that ethnicity and religion should not form part of the appointment criteria for the judges of the Court.
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