Kdo bude soudit Netanjahua? Výběr soudců Mezinárodního trestního soudu – mezi právem a politikou
Who will be the judges of Netanyahu? The Selection of Judges of the International Criminal Court – Between Law and Politics

Summary/Abstract: The International Criminal Court (ICC) tries the most important international criminal law cases. Its importance is ever increasing in the current times of armed conflicts. It is therefore not surprising that more and more attention is also being paid to the composition of this international tribunal. However, despite the formal rules, there are also various informalities influencing the selection of ICC judges that can have a significant impact on the independence of the court as a whole and the independence of its individual judges. My aim in this article is to identify these influences against the backdrop of the formal set of rules for the selection of ICC judges and to highlight which risks stemming from this setup have emerged in the context of the elections of ICC judges in 2020 and 2023. Based on this analysis, I set out recommendations for the future election of ICC judges. The main recommendations are twofold. First, the so-called List B, which generates judges without sufficient criminal law and procedure qualifications and allows for the politicization of the selection of some ICC judges, should be abandoned. Second, procedurally, I propose a process for enhancing transparency in the nomination of candidates at the national level.

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