Next regular election of judges of the International Criminal Court
Six judges of the International Criminal Court will be elected during the next regular election which will take place during the 13th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court scheduled for late 2014 or early 2015, most probably in New York as the site of the Assembly alternates between The Hague and New York. The judges will be elected for terms of nine years and take office on 11 March 2015.
The judges elected at this session will replace those six judges which were elected at the second election of ICC judges in 2006 for a full term of nine years; they will also serve for nine years until 2024.
The election will be governed by the Rome Statute of the International Criminal Court. Its article 36(8)(a) states that "[t]he States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:
- (i) The representation of the principal legal systems of the world;
- (ii) Equitable geographical representation; and
- (iii) A fair representation of female and male judges."
Furthermore, article 36(3)(b) and 36(5) provide for two lists:
- List A contains those judges that "[h]ave established competence in criminal law and procedure, and the necessary relevant experience, whether as judge, prosecutor, advocate or in other similar capacity, in criminal proceedings";
- List B contains those who "[h]ave established competence in relevant areas of international law such as international humanitarian law and the law of human rights, and extensive experience in a professional legal capacity which is of relevance to the judicial work of the Court".
Each candidate had to belong to exactly one list.
Further rules of election were adopted by a resolution of the Assembly of States Parties in 2004.
Judges remaining in office
As of July 2013, the following judges are scheduled to remain in office beyond 2015:
|Judge||Country||Lists A or B||Regional criteria||Gender|
|List A||List B||African||Asian||E. European||GRULAG||WEOG||Female||Male|
|Miriam Defensor Santiago||Philippines||X||X||X|
|Silvia Fernández de Gurmendi||Argentina||X||X||X|
|Robert Fremr||Czech Republic||X||X||X|
|Geoffrey A. Henderson||Trinidad and Tobago||X||X||X|
|Olga Venecia Herrera Carbuccia||Dominican Republic||X||X||X|
|Sanji Mmasenono Monageng||Botswana||X||X||X|
|Howard Morrison||United Kingdom||X||X||X|
|Christine van den Wyngaert||Belgium||X||X||X|
Minimum voting requirements
Minimum voting requirements govern part of the election. This is to ensure that article 36(8)(a) cited above was fulfilled. For this election, the following minimum voting requirements will exist; they will be adjusted once the election is underway.
Assuming that there is no change in the bench, the voting requirements will be as follows:
|Criterion||Number of judges required||Number of judges remaining in office||Adjusted voting requirement|
|Lists A or B|
|Eastern European states||3||1||2|
|Latin American and Caribbean States||3||3||0|
|Western European and other States||3||3||0|
The regional and gender criteria will be dropped either if they are not (jointly) possible any more, or if after four ballots not all seats are filled.