International Criminal Court judges election, 2014

From Wikipedia, the free encyclopedia
Jump to: navigation, search

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
Pjotr 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.

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.