Justifying Arguments About Selection Procedures for Judges at International Courts and Tribunals: A Response to Nienke Grossman

Abstract

This contribution considers why states as well as international courts and tribunals should act to remedy the gender imbalance on international benches. In my view, the most appropriate question is not why they must, but why they should. Arguments that states are legally bound under the UN Charter to address this gender imbalance are weak, though human rights law does provide a basis for claims that states must take action. But arguments about legitimacy—both normative and sociological—could provide a more persuasive basis for arguing that states as well as courts and tribunals should act. In particular, the normative legitimacy of international courts and tribunals could benefit from selection procedures designed to help ensure that states nominate the most meritorious candidates for judgeships.