TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITER VIII PROCEDURE FOR PRESENTATION OF A CANDIDATE FOR THE POST OF JUDGE AT THE INTERNATIONAL CRIMINAL COURT
Article 42
1. A vacancy for the post of Judge at the International Criminal Court shall be published in the Moniteur belge (official gazette) when the Cabinet, on a proposal of the Minister of Justice, decides to put forward a candidate for such an election. The announcement published in the Moniteur belge shall set out the qualifications of candidates on the basis of article 36 of the Statute and indicate the deadline for applications to reach the Minister of Justice.
2. When the deadline comes to pass, the Minister of Justice (Conseil supérieur de la Justice) shall ask the joint nominations and appointments board of the Higher Justice Council to draw up two lists of candidates, one ranking the applicants having the qualifications specified in article 36, paragraph 3(b)(i) of the Statute, the other ranking applicants having the qualifications specified in article 36, paragraph 3(b)(ii) of the Statute. These two lists shall be established after the candidates have been heard by the joint nominations and appointments board. The latter shall transmit the lists within 60 clear days as from the date of the transmission of the applicant files by the Minister of Justice. However, only one of these lists shall be drawn up if the vacant post(s) relate to only one of the categories referred to in article 36, paragraph 3(b) of the Statute.
3. At the end of the 60-day period referred to in paragraph 2 above, the King shall have 60 clear days to choose, by a decree discussed by the Cabinet, the candidate who will be put forward by Belgium for the vacant seat. His choice must be the person ranked first on the list, in the case of a single list, and one of the two persons ranked first on either list where two lists have been established pursuant to paragraph 2 above.
4. The King may, by decree discussed by the Cabinet, oppose the choice of the board with a reasoned refusal. The board shall have 15 clear days to submit one or two lists of candidates anew, in accordance with paragraph 2 above. At the end of that time period, the King shall have 30 clear days either to choose, by a decree discussed by the Cabinet, the candidate who will be presented by Belgium for the vacant seat according to the same procedure as referred in paragraph 3 above, or to decide, by a decree discussed by the Cabinet, having recourse to a reasoned refusal, not to put forward any of the candidates proposed, and thereby to close the procedure.
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