Justice I.U. Bello Only Formally Qualified For Appointment As ICC Judge – Advisory Committee On Nomination of Judges Concludes

*Ranked low amongst 20 contenders for ICC job

The Advisory Committee on Nomination of Judges at International Criminal Court (ICC) has concluded assessment of candidates for election into the court during the nineteenth session of the Assembly slated for December, 2020.

This is contained in a report from the Committee sighted by TheNigeriaLawyer (TNL) dated 30th September, 2020

A total of 20 candidates were presented from various countries out of which only six will be elected. The Chief Judge of the Federal Capital Territory, Justice BELLO, Ishaq Usman, is the candidate submitted from Nigeria.

According to the Committee, Justice Bello “has extensive judicial experience in criminal proceedings. The Committee noted that the candidate was articulate and knowledgeable regarding criminal law and procedure at the national level.”

However, the Committee said he has very limited knowledge of the working of Rome Statute

“The Committee noted that, based on his answers to questions particularly regarding participation by victims and the functions of the Pre-Trial Chamber (but also other areas), the candidate appeared notably to have a very limited knowledge of the Rome Statute, the practices and procedures of the Court and its jurisprudence. The Committee took into account in this context that the candidate had graduated in 2008 with a Masters in International Criminal Law from Ahmadu Bello University in Nigeria, where his dissertation was on the topic of individual criminal responsibility under the Rome Statute.”

The Committee added that Justice Bello has experience as a legal practitioner having served in diverse roles and is fluent in English and has therefore met the formal requirements of Rome Statute

“The Committee also noted that the candidate has prior experience as a legal practitioner in a range of roles, including having served as a Magistrate and as Deputy Chief Registrar of the Supreme Court of Nigeria.

“The Committee noted that the candidate’s qualifications, as referred to in the written material submitted, met the formal requirements under article 36, paragraph 3 (b) (i), of the Rome Statute.

“The Committee noted the candidate’s fluency in English.

“The candidate submitted replies to the common questionnaire and a signed standard
declaration prepared by the Committee, pursuant to resolution ICC-ASP/18/Res.4 (annex II, section B). They are available on the webpage of the Committee at:
https://asp.icc-cpi.int/en_menus/asp/elections/judges/2020/Pages/Questionnaire-Declaration.aspx

The conclusion of the Committee therefore is that Justice Bello is only formally qualified for appointment as judge of the ICC

“Based on both his professional experience as well as his answers during the interview, and bearing in mind particularly his lack of detailed knowledge of the workings of the Court, the Committee concluded that the candidate was only formally qualified for appointment as judge of the International Criminal Court.”

The implication, according to the report, “Only formally qualified” means Justice Bello “meets the requirements set out in the Rome Statute for election as a judge, but it is uncertain if the candidate could make a noteworthy contribution to the work of the Court.”

The formulation regarding suitability of the candidates as agreed upon by the Committee are as follows:

a) Highly qualified: the candidate excels in terms of the experience and
knowledge about the Court and its jurisprudence; it is very likely that he/she would
be able to make an important contribution to the work of the Court.
b) Qualified: the candidate has some relevant experience and knowledge about
the Court; he/she could contribute to the work of the Court.
c) Only formally qualified: the candidate meets the requirements set out in the
Rome Statute for election as a judge, but it is uncertain if the candidate could make
a noteworthy contribution to the work of the Court.
d) Not qualified: the candidate does not meet the formal requirements set out in
the Rome Statute.

Justice Bello, therefore, fall under the (c) category