Who appoints ICJ judges and can they be removed?

QuestionsCategory: InstitutionsWho appoints ICJ judges and can they be removed?
Guest asked 1 year ago
Being the only judge who voted against the recent ruling by the ICJ, some are pressuring, Uganda, the country represented by this person to remove the judge. Can this be done? and Who appoints ICJ judges and can they be removed?
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Best Answer
Ahmed SouaiaiaProf. Souaiaia Staff answered 1 year ago

Can a government recall or remove a judge from the International Court of Justice?
The short answer is this: there is no process by which a country could recall a judge who holds its nationality, primarily because a judge Member of the ICJ, once elected, no longer represents that country. The long answer would need more context.
After the release of the ICJ's Order in the case of the South Africa v State of Israel, observers and commentators highlighted the fact that the African judge from Uganda was the only judge among the 17 judges who voted against all six orders. The nationality of the judge made it appear as if the judge was representing the government of Uganda. To dispel this linkage, the government of Uganda issued a statement distancing itself from the judge, Julia Sebutinde:   “Justice Sebutinde ruling at the ICJ (the International Court of Justice) does not represent the Government of Uganda’s position on the situation in Palestine. Uganda’s support for the plight of the Palestinian people has been expressed through our voting pattern at the United Nations.” posted Uganda’s Permanent Representative to the UN, Adonia Ayebare, on X immediately after the release of the Order.  
To understand how the Court is staffed, we must look at the formal process of nomination and election of judges to the International Court of Justice.  
States parties to the Statute of the Court have the right to propose candidates. However, the 15 judges are elected to nine-year terms of office by the United Nations General Assembly (UNGA) and the Security Council (UNSC). The UNSC and the UNGA vote decides who is elected out of a pool of candidates proposed by the States parties through a group of four jurists who form the Permanent Court of Arbitration. If a State is not party in the Permanent Court of Arbitration, the State would appoint four jurists to “form the group in the same manner, consisting of up to four jurists, only two of whom may be holders of the nationality of the proposing country,” the rest can be from any other country, irrespective of its relations to the ICJ (ratified or not the Statute of the ICJ).  
In addition to disconnection between the government of States parties and the judges through this somewhat scrambled process of proposing and electing judges, before taking office, a judge must become an independent agent of the court, a "Member of the Court" who is a "delegate neither of the government of his own country nor of that of any other State." Members of the Court, before taking office, must "make a solemn declaration in open court" to be independent judges who will "exercise their powers impartially and conscientiously." To preserve this independence, judges, once sworn in, cannot be dismissed except by their peers (other Members (judges), who must unanimously find that the Member "no longer fulfils the required conditions".  
With this in mind, the answer is no government has the authority to remove a judge serving in the International Court of Justice.    

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