African Women’s Paths to the International Bench

Abstract

The lack of female judicial appointments in the history of international courts has led to the introduction of obligations and targets for nominating/appointing authorities to select and elect women candidates. Compliance with these obligations remains a challenge and the women who aspire to these offices must not only have the requisite qualifications, but also pass through the nomination and election processes, which can involve a high level of political manoeuvring. Mentoring, deliberate mobilization, and gatekeeping may also play a role. Other important elements that may affect a woman’s international judicial career include socio-economic factors, geo-cultural politics, the political will to nominate women, and a blend of contextual experiences, institutional opportunities, and personal agency. This chapter probes these dynamics, offering insights into the challenges and opportunities for women who seek careers on the international bench, focusing specifically on the unique experiences of female African judges in international and regional courts.

The effects of international judges’ personal characteristics on their judging

“…We can note a small but growing literature that focuses on international judges who are women of colour, notably African female judges, and the obstacles they face on their paths to the international bench and throughout their international judicial career, including double discrimination on the grounds of both their gender and race. 32 Beyond these studies, questions such as when one identity of an international judge over others is likely to be triggered because it may be particularly salient to the case at hand, or what the combined effects are of international judges' multiple and intersecting identities on their behaviour and rulings remain largely unexplored. No study has directly addressed international judicial decision-making through the lens of intersectionality.…”