International Court of Justice judges election, 2011

Last updated

The 2011 International Court of Justice election began on 10 November 2011 at United Nations Headquarters in New York City. [1] [2] In the set of triennial elections, the General Assembly and the Security Council concurrently elect five judges to the Court for nine-year terms, in this case beginning on 6 February 2012. [3] From the eight candidates, the five winners were Giorgio Gaja (Italy), Hisashi Owada (Japan), Peter Tomka (Slovakia), Xue Hanqin (China) and Julia Sebutinde (Uganda).

United Nations General Assembly principal organ of the United Nations

The United Nations General Assembly is one of the six principal organs of the United Nations (UN), the only one in which all member nations have equal representation, and the main deliberative, policy-making, and representative organ of the UN. Its powers are to oversee the budget of the UN, appoint the non-permanent members to the Security Council, appoint the Secretary-General of the United Nations, receive reports from other parts of the UN, and make recommendations in the form of General Assembly Resolutions. It has also established numerous subsidiary organs.

Giorgio Gaja is an Italian jurist. A scholar in international law, he was elected in 2011 as a judge of the International Court of Justice.

Hisashi Owada Japanese diplomat

Hisashi Owada is a Japanese former diplomat and law professor, and served as a judge on the International Court of Justice from 2003 until June 7, 2018.

Contents

Background

The International Court of Justice (ICJ), based in The Hague, is one of the principal organs of the United Nations. Also known as the World Court, it adjudicates legal disputes between states, and provides advisory opinions on legal questions submitted by other UN organs or agencies.

International Court of Justice primary judicial organ of the United Nations

The International Court of Justice (ICJ) sometimes called the World Court, is the principal judicial organ of the United Nations (U.N.). It settles legal disputes submitted by states and gives advisory opinions on legal issues referred by authorized U.N. organs and specialized agencies. Through its opinions and rulings, the ICJ also serves as a source of international law.

The Hague City and municipality in South Holland, Netherlands

The Hague is a city on the western coast of the Netherlands and the capital of the province of South Holland. It is also the seat of government of the Netherlands.

The court consists of 15 judges, with five judges elected every three years. (In the case of death or other vacancy, a judge is elected for the remainder of the term.) Judges are required to be independent and impartial; they may not exercise any political or administrative function, and do not act as a representative of their home state.

Elections of members of the Court are governed by articles 2 through 15 of the Statute of the International Court of Justice.

Statute of the International Court of Justice

The Statute of the International Court of Justice is an integral part of the United Nations Charter, as specified by Chapter XIV of the United Nations Charter, which established the International Court of Justice.

The five judges whose terms expired in February 2012, with their nationality, were:

Bruno Simma, is a German jurist who served as a judge on the International Court of Justice from 2003 until 2012.

Peter Tomka is a Slovak judge of the International Court of Justice. Prior to joining the ICJ, Tomka was a Slovak diplomat.

Xue Hanqin judge at the International Court of Justice

Xue Hanqin is a Chinese judge at the International Court of Justice. On 29 June 2010, she was elected to fill the vacancy created by Shi Jiuyong's resignation on 28 May 2010. She is one of three female judges serving on the ICJ and one of only four women elected as members of the Court to date. Xue is the fifth Chinese judge at the ICJ, and the third representing the People's Republic of China.

Of these five, all except Bruno Simma were candidates for re-election.

Another sitting judge, Awn Shawkat Al-Khasawneh, also left the ICJ, having been appointed prime minister of Jordan in October 2011. [4] The election to fill that seat was not scheduled until 2012. [2]

Election procedure

The General Assembly and the Security Council proceed, independently of one another, to elect five members of the Court.

To be elected, a candidate must obtain an absolute majority of votes both in the General Assembly and in the Security Council. The words “absolute majority” are interpreted as meaning a majority of all electors, whether or not they vote or are allowed to vote. Thus 97 votes constitute an absolute majority in the General Assembly and 8 votes constitute an absolute majority in the Security Council (with no distinction being made between permanent and non-permanent members of the Security Council).

Only those candidates whose names appear on the ballot papers are eligible for election. Each elector in the General Assembly and in the Security Council may vote for not more than five candidates on the first ballot and, on subsequent ballots for five less the number of candidates who have already obtained an absolute majority.

When five candidates have obtained the required majority in one of the organs, the president of that organ notifies the president of the other organ of the names of the five candidates. The president of the latter does not communicate such names to the members of that organ until that organ itself has given five candidates the required majority of votes.

After both the General Assembly and the Security Council have produced a list of five names that received an absolute majority of the votes, the two lists are compared. Any candidate appearing on both lists is elected. But if fewer than five candidates have been thus elected (as happened in 2011), the two organs proceed, again independently of one another, at a second meeting and, if necessary, a third meeting to elect candidates by further ballots for seats remaining vacant, the results again being compared after the required number of candidates have obtained an absolute majority in each organ.

If after the third meeting, one or more seats still remain unfilled, the General Assembly and the Security Council may form a joint conference consisting of six members, three appointed by each organ. This joint conference may, by an absolute majority, agree upon one name for each seat still vacant and submit the name for the respective acceptance of the General Assembly and the Security Council. If the joint conference is unanimously agreed, it may submit the name of a person not included in the list of nominations, provided that candidate fulfills the required conditions of eligibility to be a judge on the ICJ.

If the General Assembly and the Security Council ultimately are unable to fill one or more vacant seats, then the judges of the ICJ who have already been elected shall proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council. In the event of a tie vote among the judges, the eldest judge shall have a casting vote. [3] PD-icon.svg This article incorporates text from a publication now in the public domain : United Nations document A/66/182–S/2011/452

The public domain consists of all the creative works to which no exclusive intellectual property rights apply. Those rights may have expired, been forfeited, expressly waived, or may be inapplicable.

Candidates

Qualifications

Article 2 of the Statute of the ICJ provides that judges shall be elected “from among persons of high moral character, who possess the qualifications required in their respective countries for appointment to the highest judicial offices, or are jurisconsults of recognized competence in international law”.

Nomination procedure

Nominations of candidates for election to the ICJ are made by individuals who sit on the Permanent Court of Arbitration (PCA). [5] For this purpose, members of the PCA act in "national groups" (i.e. all the PCA members from any individual country). (In the case of UN member states not represented in the PCA, the state in question may select up to four individuals to be its "national group" for the purpose of nominating candidates to the ICJ.)

Every such "national group" may nominate up to four candidates, not more than two of whom shall be of their own nationality. [6] Before making these nominations, each "national group" is recommended to consult its highest court of justice, its legal faculties and schools of law, and its national academies and national sections of international academies devoted to the study of law. [7]

2011 nominees

By a communication dated 8 March 2011, the Secretary-General of the United Nations invited the "national groups" to undertake the nomination of persons as judges of the ICJ, and submit the nominations no later than 30 June 2011. [8]

The nominated candidates for the 2011 election are as follows: [8]

Name Nationality Incumbent? Nominated by the "national group" of Election result
Giorgio Gaja ItalianNoArgentina, Australia, Belgium, Bulgaria, Canada, Chile, China, Colombia, Denmark, Finland, France, Germany, Hungary, Italy, Japan, Netherlands, New Zealand, Peru, Spain, Sweden, United KingdomElected
Tsvetana Kamenova BulgarianNoBrazil, Bulgaria, Hungary, Italy, Lithuania, UkraineWithdrew after failing to receive an absolute majority in either the General Assembly or the Security Council
Abdul G. Koroma Sierra LeoneanYesFinland, Hungary, Republic of Korea, Russian Federation, Sierra Leone, SingaporeNot re-elected
Hisashi Owada JapaneseYesArgentina, Australia, Austria, Belgium, Brazil, Burkina Faso, Canada, Chile, China, Croatia, Czech Republic, Finland, France, Germany, Hungary, Italy, Japan, Lithuania, Mexico, Morocco, Netherlands, Peru, Poland, Republic of Korea, Russian Federation, Singapore, Slovenia, Spain, Sweden, Switzerland, Thailand, United Kingdom, United States of AmericaRe-elected
Julia Sebutinde UgandanNoCroatia, Denmark, UgandaElected
El Hadji Mansour Tall SenegaleseNoSenegalWithdrew after failing to receive an absolute majority in either the General Assembly or the Security Council
Peter Tomka SlovakYesAustralia, Belgium, Cameroon, Canada, Chile, Colombia, Czech Republic, Denmark, France, Germany, Lithuania, Netherlands, New Zealand, Peru, Russian Federation, Singapore, Slovak Republic, Spain, Sweden, Switzerland, United KingdomRe-elected
Xue Hanqin ChineseYesAustralia, Belgium, Bulgaria, Canada, Chile, China, Colombia, Denmark, Finland, France, Germany, Italy, Japan, Netherlands, New Zealand, Pakistan, Peru, Russian Federation, Singapore, Slovenia, Spain, Sweden, Switzerland, Thailand, United Kingdom, United States of AmericaRe-elected

Election

Of the eight candidates (including four incumbents) for the five positions, the four judges were elected: Giorgio Gaja, Hisashi Owada, Peter Tomka, and Xue Hanqin. However, the General Assembly and the Security Council were deadlocked over the fifth slot, with the General Assembly giving a majority to Julia Sebutinde of Uganda, and the Security Council giving a majority to Abdul Koroma of Sierra Leone. [1] During the seventh and final vote on that day, Koroma had 9 votes to Sebutinde's 6 in the Security Council, while Sebutinde had 97 votes to Koroma's 96 in the General Assembly.

Balloting for the fifth seat resumed in both organs on 22 November, with three additional rounds of voting in the Security Council and four additional rounds of voting in the General Assembly. Koroma and Sebutinde were the only two remaining candidates. The two organs remained deadlocked, however, with the General Assembly giving an absolute majority to Sebutinde (in three rounds of voting) [9] and the Security Council giving an absolute majority to Koroma. [10]

On the last round of voting in the General Assembly, the result was 102 votes for Sebutinde and 89 votes for Koroma (with 191 out of 193 members voting). On the last round of voting in the Security Council, the result was 8 votes for Koroma and 7 votes for Sebutinde.

According to a Ugandan newspaper report (which was also carried in Sierra Leonean media [11] ), the African Union had unanimously endorsed the candidacy of Sebutinde, and on 22 September 2011 the Sierra Leonean foreign affairs minister had assured his Ugandan counterpart that Sierra Leone would formally withdraw Koroma's name from consideration. [12] Koroma's name, however, was never withdrawn. Sierra Leone has never confirmed that it made such an undertaking. [ citation needed ] Rather, it continues to support Koroma strongly. [ citation needed ]

On 28 November, Uganda's representative at the UN Adonia Ayebare said the Ugandan Mission is working round the clock to ensure a Sebutinde victory. [12]

Balloting resumed in New York City the afternoon of 13 December 2011, and Sebutinde was declared elected after receiving an absolute majority of votes in both the Security Council and the General Assembly. [13]

Related Research Articles

A United Nations Security Council resolution is a UN resolution adopted by the fifteen members of the Security Council; the UN body charged with "primary responsibility for the maintenance of international peace and security".

Christopher Greenwood British judge

Sir Christopher John Greenwood is a former English judge at the International Court of Justice, on which he served from 2009 to 2018. Prior to his election, he was professor of international law at the London School of Economics and a barrister who regularly appeared as counsel before the International Court of Justice, the European Court of Human Rights, the English courts, and other tribunals.

Abdul Gadire Koroma is a Sierra Leonean jurist who served two terms as judge at the International Court of Justice.

United Nations Security Council Resolution 1914, adopted unanimously on 18 March 2010, after noting the resignation of International Court of Justice (ICJ) judge Shi Jiuyong and that the vacancy must be filled in accordance with the Statute of the ICJ, the Council decided that the election to fill the vacancy would take place on 29 June 2010 at a meeting of the Security Council and at a meeting of the General Assembly at its 64th session.

United Nations Security Council Resolution 1926 United Nations Security Council resolution

United Nations Security Council Resolution 1926, adopted unanimously on June 2, 2010, after noting the resignation of International Court of Justice (ICJ) judge Thomas Buergenthal with effect from September 6, 2010. The Council decided that the election to fill the vacancy would take place on September 9, 2010 at a meeting of the Security Council and at a meeting of the General Assembly.

Joan E. Donoghue is an American jurist, and a Judge on the International Court of Justice. She was elected to that post in 2010 and re-elected in 2014. She has two sons, Adam and Casey Shamma.

United Nations Security Council Resolution 1571 United Nations Security Council resolution

United Nations Security Council resolution 1571, adopted without a vote on 4 November 2004, after noting the resignation of International Court of Justice (ICJ) judge Gilbert Guillaume taking effect on 11 February 2005, the Council decided that elections to the vacancy on the ICJ would take place on 15 February 2005 at the Security Council and at a meeting of the General Assembly during its 59th session.

Julia Sebutinde Ugandan judge

Julia Sebutinde is a Ugandan judge on the International Court of Justice. She also is the current chancellor of Muteesa I Royal University a university owned by Buganda kingdom. She has been a judge on the court since March 2012. She is the first African woman to sit on the ICJ. Before being elected to the ICJ, Sebutinde was a judge of the Special Court for Sierra Leone. She was appointed to that position in 2007.

Sixty-sixth session of the United Nations General Assembly

The Sixty-sixth Session of the United Nations General Assembly opened on 13 September 2011 at 15:00 and was presided over by former Qatari permanent representative to the UN Nassir Abdulaziz Al-Nasser. The session ended on 18 September as al-Nasser symbolically passed the gavel to the president of the next session, Vuk Jeremic.

1990 United Nations Security Council election

The 1990 United Nations Security Council election was held on 1 November 1990 during the Forty-fifth session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected Austria, Belgium, Ecuador, India, and Zimbabwe, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1991.

1988 United Nations Security Council election

The 1988 United Nations Security Council election was held on 26 October 1988 during the Forty-third session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected Canada, Colombia, Ethiopia, Finland, and Malaysia, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1989.

1987 United Nations Security Council election

The 1987 United Nations Security Council election was held on 15 October 1987 during the Forty-second session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected Algeria, Brazil, Nepal, Senegal, and Yugoslavia, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1988.

1982 United Nations Security Council election

The 1982 United Nations Security Council election was held on 19 October 1982 during the Thirty-seventh session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected Malta, the Netherlands, Nicaragua, Pakistan, and Zimbabwe, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1983.

1971 United Nations Security Council election

The 1971 United Nations Security Council election was held on 23 November 1971 during the Twenty-sixth session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected Guinea, India, Panama, Sudan, and Yugoslavia, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1972.

1969 United Nations Security Council election

The 1969 United Nations Security Council election was held on 20 October 1969 during the Twenty-fourth session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected the Burundi, Nicaragua, Poland, Sierra Leone, and Syria, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1970.

1967 United Nations Security Council election

The 1967 United Nations Security Council election was held on 6 November 1967 during the Twenty-second session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected Algeria, Hungary, Pakistan, Paraguay, and Senegal, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1968.

1966 United Nations Security Council election

The 1966 United Nations Security Council election was held on 11 November 1966 during the Twenty-first session of the United Nations General Assembly, held at United Nations Headquarters in New York City. The General Assembly elected Brazil, Canada, Denmark, Ethiopia, and India, as the five new non-permanent members of the UN Security Council for two-year mandates commencing on 1 January 1967.

The 2014 International Court of Justice election began on 6 November 2011 at United Nations Headquarters in New York City. In the set of triennial elections, the General Assembly and the Security Council concurrently elect five judges to the Court for nine-year terms, in this case beginning on 6 February 2015.

References

  1. 1 2 "UN Member States elect judges to serve on International Court of Justice". UN News Centre. 10 November 2011. Retrieved 22 November 2011.
  2. 1 2 "Press Conference on Upcoming Elections in the General Assembly". UN Department of Public Information • News and Media Division • New York. 19 October 2011. Retrieved 29 October 2011.
  3. 1 2 "Election of five members of the International Court of Justice / Memorandum by the Secretary-General". 26 July 2011.
  4. ↑ Ranya Kadri and Ethan Bronner (17 October 2011). "Government of Jordan Is Dismissed by the King". New York Times. Retrieved 30 October 2011.
  5. ↑ Statute of the International Court of Justice, articles 4 and 5.
  6. ↑ Statute of the International Court of Justice, article 5, paragraph 2.
  7. ↑ Statute of the International Court of Justice, article 6.
  8. 1 2 "UN Doc. A/66/183–S/2011/453: List of candidates nominated by national groups / Note by the Secretary-General". 26 July 2011.
  9. ↑ "Video On-Demand: 64th Plenary Meeting – General Assembly". 22 November 2011.
  10. ↑ "Video On-Demand: Security Council Meeting: Election of five members of the International Court of Justice". 22 November 2011.
  11. ↑ "Justice Sebutinde nears world court job". Sierra Express Media. 29 November 2011. Retrieved 8 December 2011.
  12. 1 2 Tabu Butagira (29 November 2011). "Justice Sebutinde nears world court job". Daily Monitor. Retrieved 1 December 2011.
  13. ↑ "Ugandan judge elected to serve on UN World Court". UN News Centre. 13 December 2011. Retrieved 13 December 2011.

Further reading

This page is based on this Wikipedia article
Text is available under the CC BY-SA 4.0 license; additional terms may apply.
Images, videos and audio are available under their respective licenses.