Six judges of the International Criminal Court were elected during the 19th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court held from 7 to 17 December 2020 in New York. [1] The judges were elected for terms of nine years and took office on 11 March 2021.
The judges elected at this session replaced six judges whose terms ended in 2021. Four of those judges had been elected in 2011 for full nine-year terms; the other two had been elected in separate elections in 2013 and in 2015 to replace two judges elected in 2011 who had resigned. The newly elected judges will serve for nine years until 2030.
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. [2]
The following judges were scheduled to remain in office beyond 2021: [3]
Judge | 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 | |||||||||
Solomy Balungi Bossa | Uganda | X | X | X | |||||||||
Antoine Kesia-Mbe Mindua | Democratic Republic of the Congo | X | X | X | |||||||||
Tomoko Akane | Japan | X | X | X | |||||||||
Chung Chang-ho | South Korea | X | X | X | |||||||||
Piotr Hofmański | Poland | X | X | X | |||||||||
Péter Kovács | Hungary | X | X | X | |||||||||
Luz del Carmen Ibáñez Carranza | Peru | X | X | X | |||||||||
Rosario Salvatore Aitala | Italy | X | X | X | |||||||||
Marc Pierre Perrin de Brichambaut | France | X | X | X | |||||||||
Kimberly Prost | Canada | X | X | X | |||||||||
Bertram Schmitt | Germany | X | X | X | |||||||||
8 | 4 | 3 | 2 | 2 | 1 | 4 | 5 | 7 | |||||
The nomination period of judges for the 2020 election lasted from 6 January to 30 March 2020. [1] It was first extended to 30 April on an emergency basis due to the COVID-19 pandemic [4] and then extended once more on a regular basis because the required number of Asian and Eastern European candidates had not been nominated. [5] A second Eastern European candidate was nominated during this second extension period, but no further Asian candidates were nominated, and thus the number of Asian candidates remained below the required number. The following persons were nominated: [6]
Candidate | Nationality | List A or B | Regional criteria | Gender | |||||||||
List A | List B | African | Asian | E. European | GRULAG | WEOG | Female | Male | |||||
Althea Violet Alexis-Windsor | Trinidad and Tobago | X | X | X | |||||||||
Andrés Bernardo Barreto González | Colombia | X | X | X | |||||||||
Ishaq Usman Bello | Nigeria | X | X | X | |||||||||
Haykel Ben Mahfoudh | Tunisia | X | X | X | |||||||||
Khosbayar Chagdaa | Mongolia | X | X | X | |||||||||
Jasmina Ćosić Dedović | Bosnia and Herzegovina | X | X | X | |||||||||
María del Socorro Flores Liera | Mexico | X | X | X | |||||||||
Gberdao Gustave Kam | Burkina Faso | X | X | X | |||||||||
Joanna Korner | United Kingdom | X | X | X | |||||||||
Gocha Lordkipanidze | Georgia | X | X | X | |||||||||
Laurence Massart | Belgium | X | X | X | |||||||||
Prosper Milandou | Republic of the Congo | X | X | X | |||||||||
Ariela Peralta Distéfano | Uruguay | X | X | X | |||||||||
Íñigo Francisco Alberto Salvador Crespo | Ecuador | X | X | X | |||||||||
Miatta Maria Samba | Sierra Leone | X | X | X | |||||||||
Mônica Jacqueline Sifuentes | Brazil | X | X | X | |||||||||
Viktor Panagiotis Tsilonis | Greece | X | X | X | |||||||||
Sergio Gerardo Ugalde Godínez | Costa Rica | X | X | X | |||||||||
10 | 8 | 5 | 1 | 2 | 7 | 3 | 8 | 10 | |||||
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: [7]
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? | |
Lists A or B | |||||||
List A | 9 | 8 | 1 | 10 | 1 | Yes | |
List B | 5 | 4 | 1 | 8 | 1 | Yes | |
Regional criteria | |||||||
African | 3 | 3 | 0 | 5 | 0 | Yes | |
Asian | 3 | 2 | 1 | 1 | 0 | No | |
Eastern European | 3 | 2 | 1 | 2 | 1 | Yes | |
Latin American and Caribbean | 3 | 1 | 2 | 7 | 2 | Yes | |
Western European and other | 3 | 4 | 0 | 3 | 0 | Yes | |
Gender criteria | |||||||
Female | 6 | 5 | 1 | 8 | 1 | Yes | |
Male | 6 | 7 | 0 | 10 | 0 | Yes | |
Regarding the List A or B requirement, one vote had to be cast for a List A candidate and one for a List B candidate.
Regarding the regional criteria, three votes had to be cast for certain regional groups: one for an Eastern European candidate and two for Latin American or Caribbean candidates.
Regarding the gender criteria, one vote had to be cast for a female candidate.
Because only one Asian candidate had been nominated, the regional minimum voting requirement for Asian candidates was adjusted to zero before the election pursuant to paragraph 20 (b) of the resolution that governs the elections. [2] [8]
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: [9]
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 A | 1 | Yes, after 1st ballot |
List B | 1 | Yes, after 2nd ballot |
Eastern European | 1 | Yes, after 2nd ballot |
Latin American and Caribbean | 2 | Yes, after 4th ballot |
Female | 1 | Yes, after 1st ballot |
Note that these are the initial minimum voting requirements before the first ballot but after adjustment based on the number of candidates. Without that adjustment, there would have been a minimum voting requirement to cast one vote for an Asian candidate; no Asian candidate was elected.
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.
The eighteen judges of the International Criminal Court (ICC) are elected for nine-year terms by the member-countries of the court. Candidates must be nationals of those countries and they must "possess the qualifications required in their respective States for appointment to the highest judicial offices".
Amendments to the Rome Statute of the International Criminal Court must be proposed, adopted, and ratified in accordance with articles 121 and 122 of the Statute. Any state party to the Statute can propose an amendment. The proposed amendment can be adopted by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference called by the Assembly. An amendment comes into force for all states parties one year after it is ratified by seven-eighths of the states parties. However, any amendment to articles 5, 6, 7, or 8 of the Statute only enters into force for states parties that have ratified the amendment. A state party which ratifies an amendment to articles 5, 6, 7, or 8 is subject to that amendment one year after ratifying it, regardless of how many other states parties have also ratified it. For an article 5, 6, 7, or 8 amendment, the Statute itself is amended after the amendment comes into force for the first state party to ratify it. Amendments of a purely institutional nature enter into force six months after they are approved by a two-thirds majority vote in either a meeting of the Assembly of States Parties or a review conference.
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