International Criminal Court judges election, 2014

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Six judges of the International Criminal Court will be elected during the 13th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court scheduled for 8 to 17 December 2014 in New York. The judges will be elected for terms of nine years and take office on 11 March 2015.

Background[edit]

The current President of the ICC, Song Sang-Hyun, is one of six judges whose terms will expire 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 has to belong to exactly one list.

Further rules of election were adopted by a resolution of the Assembly of States Parties in 2004.[1]

Judges remaining in office[edit]

As of August 2014, 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
Joyce Aluoch  Kenya X X X
Miriam Defensor Santiago  Philippines X X X
Chile Eboe-Osuji  Nigeria 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
Kuniko Ozaki  Japan X X X
Cuno Tarfusser  Italy X X X
Christine van den Wyngaert  Belgium X X X
       
9 3 3 2 1 3 3 7 5

Nomination process[edit]

Following these rules, the nomination period of judges for the 2014 election lasts from 28 April to 20 July 2014. It was extended once due to the lack of candidates from Asia until 3 August 2014. The following persons were nominated as of 4 August 2014:[2]

Name Nationality List A or B Region Gender
Reine Adelaide Sophie Alapini-Gansou  Benin List B Africa Female
Abdelkader Ben Ali Bahloul  Tunisia List A Africa Male
Emmanuel Yaw Benneh  Ghana List B Africa Male
Toma Birmontienė  Lithuania List B Eastern Europe Female
Leonardo Nemer Caldeira Brant  Brazil List B Latin America and Caribbean Male
Chung Chang-ho  Republic of Korea List A Asia Male
Zlata Đurđević  Croatia List B Eastern Europe Female
Pavel Gontšarov  Estonia List A Eastern Europe Male
Piotr Hofmański  Poland List A Eastern Europe Male
Péter Kovács  Hungary List B Eastern Europe Male
Antoine Kesia-Mbe Mindua  Democratic Republic of the Congo List B Africa Male
Maria Natércia Gusmão Pereira  Timor-Leste List A Asia Female
Marc Pierre Perrin de Brichambaut  France List B Western Europe and Others Male
Harimahefa Ratiaraisoa  Madagascar List B Africa Female
Bertram Schmitt  Germany List A Western Europe and Others Male
Krister Hans Thelin  Sweden List A Western Europe and Others Male
Mindia Ugrekhelidze  Georgia List A Eastern Europe Male

Minimum voting requirements[edit]

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 Ex ante voting requirement Current number of candidates Adjusted voting requirement Adjusted voting requirement equals ex ante? Extension of nomination period necessary?
Lists A or B
List A 9 9 0 8 0 Yes No
List B 5 3 2 9 2 Yes No
Regional criteria
African states 3 3 0 5 0 Yes No
Asian states 3 2 1 2 1 Yes No
Eastern European states 3 1 2 6 2 Yes No
Latin American and Caribbean States 3 3 0 1 0 Yes No
Western European and other States 3 3 0 3 0 Yes No
Gender criteria
Female 6 7 0 5 0 Yes No
Male 6 5 1 12 1 Yes No

Regarding the List A or B requirement, there are two seats reserved for List B judges. This requirement must be fulfilled under any circumstances.

Regarding the regional criteria, there are three seats reserved for regional groups: two for the Eastern European States and one for the Asian States.

Regarding the gender criteria, there is one seat reserved for male candidates.

The regional and gender criteria can be adjusted even before the election depending on the number of candidates. Paragraph 20(b) of the ASP resolution that governs the elections states that if there are less than double the number of candidates required for each region, the minimum voting requirement would have been a (rounded-up) half of the number of candidates; except when there is only one candidate which would result in no voting requirement.

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.

Ballots[edit]

All results are from the ASP homepage[3] if not otherwise noted.

Name Nationality List A or B Region Gender 8 December 2014 9 December 2014 10 December 2014 12 December 2014
1st ballot 2nd ballot 3rd ballot 4th ballot 5th ballot 6th ballot 7th ballot 8th ballot 9th ballot 10th ballot 11th ballot
Valid votes cast 104 107 116 116 116 117 119 113 117 118 117
Two-thirds majority 70 72 78 78 78 78 80 76 78 79 78
Chung Chang-ho  Republic of Korea List A Asia Male 73 elected
Piotr Hofmański  Poland List A Eastern Europe Male 63 66 72 87 elected
Marc Pierre Perrin de Brichambaut  France List B Western Europe and Others Male 61 58 67 75 73 87 elected
Bertram Schmitt  Germany List A Western Europe and Others Male 67 68 69 71 71 79 elected
Antoine Kesia-Mbe Mindua  Democratic Republic of the Congo List B Africa Male 39 42 51 54 66 65 69 71 77 84 elected
Péter Kovács  Hungary List B Eastern Europe Male 52 59 59 68 56 63 54 57 56 55 46
Maria Natércia Gusmão Pereira  Timor-Leste List A Asia Female 38 19 20 24 35 34 34 29 33 31 29
Krister Hans Thelin  Sweden List A Western Europe and Others Male 44 45 44 52 43 43 35 37 37 36 28
Leonardo Nemer Caldeira Brant  Brazil List B Latin America and Caribbean Male 34 35 27 28 34 33 22 24 22 19 14
Reine Adelaide Sophie Alapini-Gansou  Benin List B Africa Female 12 16 20 23 15 13 6 4 3 3 withdrawn
Zlata Đurđević  Croatia List B Eastern Europe Female 35 35 34 38 24 26 10 withdrawn
Mindia Ugrekhelidze  Georgia List A Eastern Europe Male 23 20 25 23 15 10 3 withdrawn
Toma Birmontienė  Lithuania List B Eastern Europe Female 22 20 27 25 12 withdrawn
Pavel Gontšarov  Estonia List A Eastern Europe Male 26 23 27 withdrawn
Abdelkader Ben Ali Bahloul  Tunisia List A Africa Male 12 15 17 withdrawn
Harimahefa Ratiaraisoa  Madagascar List B Africa Female 11 8 14 withdrawn
Emmanuel Yaw Benneh  Ghana List B Africa Male 5 3 withdrawn
Name Nationality List A or B Region Gender 15 December 2014 16 December 2014
12th ballot 13th ballot 14th ballot 15th ballot 16th ballot 17th ballot 18th ballot 19th ballot 20th ballot 21st ballot 22nd ballot
Valid votes cast 114 117 117 111 114 115 114 110 114 115 116
Two-thirds majority 76 78 78 74 76 77 76 74 76 77 78
Péter Kovács  Hungary List B Eastern Europe Male 44 60 60 59 62 65 65 66 70 73 79
Maria Natércia Gusmão Pereira  Timor-Leste List A Asia Female 46 57 57 52 52 50 49 44 44 42 37
Krister Hans Thelin  Sweden List A Western Europe and Others Male 24 withdrawn
Leonardo Nemer Caldeira Brant  Brazil List B Latin America and Caribbean Male withdrawn


Minimum voting requirements (MVR)

Minimum voting requirement MVRs before ballots MVR fulfilled?
Asian judges 1 Yes, fulfilled after 1st ballot
Eastern European judges 2 Yes, discontinued after 4th ballot but fulfilled after 22nd ballot
Male judges 1 Yes, fulfilled after 1st ballot
List B judges 2 Yes, fulfilled after 10th ballot

References[edit]

  1. ^ "Resolution ICC-ASP/3/Res.6". International Criminal Court. 2004-09-10. Retrieved 2011-06-28. 
  2. ^ Election 2014. Assembly of States Parties. Retrieved 4 August 2014.
  3. ^ 2014 - Election of six judges - Results. Assembly of States Parties. Retrieved 9 December 2014.