Judgesad hocof the International Court of Justice

Abstract

AbstractJudgesad hocof the International Court of Justice have been widely criticized for their supposed lack of impartiality. This criticism may seem all the more powerful if one takes into account that judgesad hocwere created as a means to avoid the Court’s bias and appearance of bias. However, recent developments in the appointment of judgesad hocindicate that, far from being a detriment to the states’ perception of the Court’s impartiality, judgesad hocare a means to enhance the perception that the Court as a whole is impartial. Such developments include the increased frequency with which former elected judges are appointed judgesad hoc, the practice of electing judges from the ranks of former (or sitting) judgesad hoc, and the appointment of nationals or non-nationals as judgesad hoc. The institution of judgesad hochas come full circle, and should be regarded as fulfilling the function for which it was created.