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.
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]
The following judges were scheduled to remain in office beyond 2015: [2]
Judge | Nationality | List 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 | |||||
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]
Candidate | Nationality | List A or B | Regional criteria | Gender | |||||||||
List A | List B | African | Asian | E. European | GRULAG | WEOG | Female | Male | |||||
Reine Alapini-Gansou | Benin | X | X | X | |||||||||
Abdelkader Ben Ali Bahloul | Tunisia | X | X | X | |||||||||
Emmanuel Yaw Benneh | Ghana | X | X | X | |||||||||
Toma Birmontienė | Lithuania | X | X | X | |||||||||
Leonardo Nemer Caldeira Brant | Brazil | X | X | X | |||||||||
Chung Chang-ho | Republic of Korea | X | X | X | |||||||||
Zlata Đurđević | Croatia | X | X | X | |||||||||
Pavel Gontšarov | Estonia | X | X | X | |||||||||
Piotr Hofmański | Poland | X | X | X | |||||||||
Péter Kovács | Hungary | X | X | X | |||||||||
Antoine Kesia-Mbe Mindua | Democratic Republic of the Congo | X | X | X | |||||||||
Maria Natércia Gusmão Pereira | Timor-Leste | X | X | X | |||||||||
Marc Pierre Perrin de Brichambaut | France | X | X | X | |||||||||
Harimahefa Ratiaraisoa | Madagascar | X | X | X | |||||||||
Bertram Schmitt | Germany | X | X | X | |||||||||
Krister Hans Thelin | Sweden | X | X | X | |||||||||
Mindia Ugrekhelidze | Georgia | X | X | X | |||||||||
8 | 9 | 5 | 2 | 6 | 1 | 3 | 5 | 12 | |||||
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]
Criterion | Number of judges required | Number of judges remaining in office | Ex ante voting requirement | Number of candidates | Adjusted voting requirement | Adjusted voting requirement equals ex ante? | |
List A or B | |||||||
List A | 9 | 9 | 0 | 8 | 0 | Yes | |
List B | 5 | 3 | 2 | 9 | 2 | Yes | |
Regional criteria | |||||||
African | 3 | 3 | 0 | 5 | 0 | Yes | |
Asian | 3 | 2 | 1 | 2 | 1 | Yes | |
Eastern European | 3 | 1 | 2 | 6 | 2 | Yes | |
Latin American and Caribbean | 3 | 3 | 0 | 1 | 0 | Yes | |
Western European and other | 3 | 3 | 0 | 3 | 0 | Yes | |
Gender criteria | |||||||
Female | 6 | 7 | 0 | 5 | 0 | Yes | |
Male | 6 | 5 | 1 | 12 | 1 | Yes | |
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.
The ballot results were as follows: [7]
Candidate | 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 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 |
Candidate | 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 | ||||||||||
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:
Criterion | Initial minimal voting requirement | Corresponding number of judges elected? |
List B | 2 | Yes, after 10th ballot |
Asian | 1 | Yes, after 1st ballot |
Eastern European | 2 | Yes, after 22nd ballot |
Male | 1 | Yes, 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.
The International Criminal Court is an intergovernmental organization and international tribunal seated in The Hague, Netherlands. It is the first and only permanent international court with jurisdiction to prosecute individuals for the international crimes of genocide, crimes against humanity, war crimes and the crime of aggression. The ICC is distinct from the International Court of Justice, an organ of the United Nations that hears disputes between states.
The Rome Statute of the International Criminal Court is the treaty that established the International Criminal Court (ICC). It was adopted at a diplomatic conference in Rome, Italy on 17 July 1998 and it entered into force on 1 July 2002. As of February 2024, 124 states are party to the statute. Among other things, it establishes court function, jurisdiction and structure.
The states parties to the Rome Statute of the International Criminal Court are those sovereign states that have ratified, or have otherwise become party to, the Rome Statute. The Rome Statute is the treaty that established the International Criminal Court, an international court that has jurisdiction over certain international crimes, including genocide, crimes against humanity, and war crimes that are committed by nationals of states parties or within the territory of states parties. States parties are legally obligated to co-operate with the Court when it requires, such as in arresting and transferring indicted persons or providing access to evidence and witnesses. States parties are entitled to participate and vote in proceedings of the Assembly of States Parties, which is the Court's governing body. Such proceedings include the election of such officials as judges and the Prosecutor, the approval of the Court's budget, and the adoption of amendments to the Rome Statute.
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