2014 International Criminal Court judges election

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

Contents

Background

Song Sang-Hyun, then President of the International Criminal Court (ICC), was one of six judges whose terms expired on 11 March 2015. Song Sang-Hyun - Trento 2014 01.JPG
Song Sang-Hyun, then President of the International Criminal Court (ICC), was one of six judges whose terms expired on 11 March 2015.

The judges elected at this session replaced those six judges who were elected at the second election of ICC judges in 2006 for a full term of nine years; they also served for nine years until 2024.

The election was 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:

Furthermore, article 36(3)(b) and 36(5) provide for two lists:

Each candidate has to belong to exactly one list. A minimum of nine judges elected from list A and five judges elected from list B is to be maintained on the court.

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

Judges remaining in office

The following judges were scheduled to remain in office beyond 2015: [2]

JudgeNationality List A or B Regional criteria Gender
List AList BAfricanAsianE. EuropeanGRULAGWEOGFemaleMale
Joyce Aluoch Flag of Kenya.svg  Kenya XXX
Miriam Defensor Santiago Flag of the Philippines.svg  Philippines XXX
Chile Eboe-Osuji Flag of Nigeria.svg  Nigeria XXX
Silvia Fernández de Gurmendi Flag of Argentina.svg  Argentina XXX
Robert Fremr Flag of the Czech Republic.svg  Czech Republic XXX
Geoffrey A. Henderson  [ de ]Flag of Trinidad and Tobago.svg  Trinidad and Tobago XXX
Olga Venecia Herrera Carbuccia Flag of the Dominican Republic.svg  Dominican Republic XXX
Sanji Mmasenono Monageng Flag of Botswana.svg  Botswana XXX
Howard Morrison Flag of the United Kingdom.svg  United Kingdom XXX
Kuniko Ozaki Flag of Japan.svg  Japan XXX
Cuno Tarfusser Flag of Italy.svg  Italy XXX
Christine van den Wyngaert Flag of Belgium (civil).svg  Belgium XXX
    
933213375

Nomination process

The nomination period of judges for the 2014 election lasted from 28 April to 20 July 2014. [3] It was extended once due to the lack of candidates from Asia until 3 August 2014. [4] The following persons were nominated: [5]

CandidateNationality List A or B Regional criteria Gender
List AList BAfricanAsianE. EuropeanGRULAGWEOGFemaleMale
Reine Alapini-Gansou Flag of Benin.svg  Benin XXX
Abdelkader Ben Ali Bahloul Flag of Tunisia.svg  Tunisia XXX
Emmanuel Yaw Benneh Flag of Ghana.svg  Ghana XXX
Toma Birmontienė  [ de ]Flag of Lithuania.svg  Lithuania XXX
Leonardo Nemer Caldeira Brant Flag of Brazil.svg  Brazil XXX
Chung Chang-ho Flag of South Korea.svg  Republic of Korea XXX
Zlata Đurđević Flag of Croatia.svg  Croatia XXX
Pavel Gontšarov  [ et ]Flag of Estonia.svg  Estonia XXX
Piotr Hofmański Flag of Poland.svg  Poland XXX
Péter Kovács Flag of Hungary.svg  Hungary XXX
Antoine Kesia-Mbe Mindua Flag of the Democratic Republic of the Congo.svg  Democratic Republic of the Congo XXX
Maria Natércia Gusmão Pereira  [ de ]Flag of East Timor.svg  Timor-Leste XXX
Marc Pierre Perrin de Brichambaut Flag of France.svg  France XXX
Harimahefa Ratiaraisoa Flag of Madagascar.svg  Madagascar XXX
Bertram Schmitt Flag of Germany.svg  Germany XXX
Krister Hans Thelin  [ sv ]Flag of Sweden.svg  Sweden XXX
Mindia Ugrekhelidze Flag of Georgia.svg  Georgia XXX
    
8952613512

Minimum voting requirements

Minimum voting requirements governed part of the election. This was to ensure that articles 36(5) and 36(8)(a) cited above were fulfilled. For this election, the following minimum voting requirements applied initially: [6]

CriterionNumber of judges requiredNumber of judges remaining in officeEx ante voting requirementNumber of candidatesAdjusted voting requirementAdjusted voting requirement equals ex ante?
List A or B
List A99080Yes
List B53292Yes
Regional criteria
African33050Yes
Asian32121Yes
Eastern European31262Yes
Latin American and Caribbean33010Yes
Western European and other33030Yes
Gender criteria
Female67050Yes
Male651121Yes

Regarding the List A or B requirement, two votes had to be cast for List B candidates.

Regarding the regional criteria, three votes had to be cast for certain regional groups: two for Eastern European candidates and one for an Asian candidate.

Regarding the gender criteria, one vote had to be cast for a male candidate.

The regional and gender requirements could have been adjusted before the election depending on the number of candidates, pursuant to paragraphs 20 (b) and (c) of the resolution that governs the elections. [1]

The minimum voting requirements are updated after each ballot to account for the judges already elected. The regional and gender requirements are dropped either if they can no longer be (jointly) fulfilled, or if after four ballots not all seats are filled. The List A or B requirement remains active until a sufficient number of judges has been elected from each list.

Ballots

The ballot results were as follows: [7]

CandidateNationalityList A or BRegionGender8 December 20149 December 201410 December 201412 December 2014
1st ballot2nd ballot3rd ballot4th ballot5th ballot6th ballot7th ballot8th ballot9th ballot10th ballot11th ballot
Valid votes cast104107116116116117119113117118117
Two-thirds majority7072787878788076787978
Chung Chang-ho Flag of South Korea.svg  Republic of Korea List AAsiaMale73elected
Piotr Hofmański Flag of Poland.svg  Poland List AEastern EuropeMale63667287elected
Marc Pierre Perrin de Brichambaut Flag of France.svg  France List BWestern Europe and OthersMale615867757387elected
Bertram Schmitt Flag of Germany.svg  Germany List AWestern Europe and OthersMale676869717179elected
Antoine Kesia-Mbe Mindua Flag of the Democratic Republic of the Congo.svg  Democratic Republic of the Congo List BAfricaMale39425154666569717784elected
Péter Kovács Flag of Hungary.svg  Hungary List BEastern EuropeMale5259596856635457565546
Maria Natércia Gusmão Pereira  [ de ]Flag of East Timor.svg  Timor-Leste List AAsiaFemale3819202435343429333129
Krister Hans Thelin  [ sv ]Flag of Sweden.svg  Sweden List AWestern Europe and OthersMale4445445243433537373628
Leonardo Nemer Caldeira Brant Flag of Brazil.svg  Brazil List BLatin America and CaribbeanMale3435272834332224221914
Reine Alapini-Gansou Flag of Benin.svg  Benin List BAfricaFemale1216202315136433withdrawn
Zlata Đurđević Flag of Croatia.svg  Croatia List BEastern EuropeFemale35353438242610withdrawn
Mindia Ugrekhelidze Flag of Georgia.svg  Georgia List AEastern EuropeMale2320252315103withdrawn
Toma Birmontienė  [ de ]Flag of Lithuania.svg  Lithuania List BEastern EuropeFemale2220272512withdrawn
Pavel Gontšarov  [ et ]Flag of Estonia.svg  Estonia List AEastern EuropeMale262327withdrawn
Abdelkader Ben Ali Bahloul Flag of Tunisia.svg  Tunisia List AAfricaMale121517withdrawn
Harimahefa Ratiaraisoa Flag of Madagascar.svg  Madagascar List BAfricaFemale11814withdrawn
Emmanuel Yaw Benneh Flag of Ghana.svg  Ghana List BAfricaMale53withdrawn
CandidateNationalityList A or BRegionGender15 December 201416 December 2014
12th ballot13th ballot14th ballot15th ballot16th ballot17th ballot18th ballot19th ballot20th ballot21st ballot22nd ballot
Valid votes cast114117117111114115114110114115116
Two-thirds majority7678787476777674767778
Péter Kovács Flag of Hungary.svg  Hungary List BEastern EuropeMale4460605962656566707379
Maria Natércia Gusmão Pereira  [ de ]Flag of East Timor.svg  Timor-Leste List AAsiaFemale4657575252504944444237
Krister Hans Thelin  [ sv ]Flag of Sweden.svg  Sweden List AWestern Europe and OthersMale24withdrawn
Leonardo Nemer Caldeira Brant Flag of Brazil.svg  Brazil List BLatin America and CaribbeanMalewithdrawn

The minimum voting requirements are imposed on the ballots cast, not on the results. Thus, there is no guarantee that a corresponding number of judges is elected. However, in this election this was the case:

CriterionInitial minimal voting requirementCorresponding number of judges elected?
List B2Yes, after 10th ballot
Asian1Yes, after 1st ballot
Eastern European2Yes, after 22nd ballot
Male1Yes, after 1st ballot

Note that the regional minimum voting requirement was dropped after the 4th ballot and was thus no longer being imposed when a second Eastern European judge was elected in the 22nd ballot.

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References

  1. 1 2 "Resolution ICC-ASP/3/Res.6" (PDF). Assembly of States Parties to the Rome Statute . 10 September 2004. Archived (PDF) from the original on 15 April 2024. Retrieved 22 July 2024.
  2. "Annex II – Composition of the judges" (PDF). Assembly of States Parties to the Rome Statute . p. 10. Retrieved 22 July 2024.
  3. "ICC-ASP/13/SP/06" (PDF). Assembly of States Parties to the Rome Statute . Retrieved 23 July 2024.
  4. "ICC-ASP/13/SP/48" (PDF). Assembly of States Parties to the Rome Statute . Retrieved 23 July 2024.
  5. "Nominations". Assembly of States Parties to the Rome Statute . 16 December 2014. Retrieved 22 July 2024.
  6. "Annex II – Tables of minimum voting requirements" (PDF). Assembly of States Parties to the Rome Statute . p. 10. Retrieved 22 July 2024.
  7. "2014 - Election of six judges - Results". Assembly of States Parties to the Rome Statute . 16 December 2014. Retrieved 22 July 2024.