Judge Song Sang-Hyun, President of the ICC from 2009 to 2015
The eighteen judges of the International Criminal Court (ICC) are elected for nine-year terms by the member-countries of the court.[1] 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".[1]
A judge may be disqualified from "any case in which his or her impartiality might reasonably be doubted on any ground",[2] and a judge may be removed from office if found "to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.[3]
The judges are organized into three divisions: the Pre-Trial Division, Trial Division, and Appeals Division.[4]
Judges are elected to the ICC by the Assembly of States Parties, the court's governing body.[4] They serve nine-year terms[4] and are not generally eligible for re-election.[5]
By the time of their election, all judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state.[1] They must be "persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices",[1] and they must "have an excellent knowledge of and be fluent in at least one of the working languages of the Court" (English and French).[1]
Judges are elected from two lists of candidates. List A comprises candidates who have "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".[1] List B comprises candidates who have "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".[1] Elections are organised so that there are always at least nine serving judges from List A and at least five from List B.[1][6]
The Assembly of States Parties is required to "take into account the need for the representation of the principal legal systems of the world, equitable geographical representation and a fair representation of female and male judges. They shall take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women and children."[6] Thus, there are voting requirements established which require at least six judges to be female and at least six to be male. Additionally, each regional group of the United Nations has at least two judges. If a regional group has more than sixteen states parties this leads to a minimum voting requirement of three judges from this regional group. Therefore, from the Statute's entry into force for the Maldives on 1 December 2011, all regional groups can claim a third judge.
In February 2003, the Assembly of States Parties elected the first bench of eighteen judges from a total of 43 candidates.[8] After this first election, the President of the Assembly of States Parties drew lots to assign the eighteen judges to terms of three, six or nine years;[1][9] those who served for three years were eligible for re-election in 2006.[5] The first bench of judges was sworn in at the inaugural session of the court on 11 March 2003.[10]
The second election was held on 26 January 2006.[11] Five of the six outgoing judges were re-elected, but Judge Tuiloma Neroni Slade was defeated.[12] He was succeeded by Ekaterina Trendafilova.[11]
The first special election took place on 3 December 2007, to replace three judges who had resigned.[13][14] The three new judges were assigned to serve the remaining portions of their predecessors' terms.[13] Pursuant to a drawing of lots, Fumiko Saiga served the remainder of Claude Jorda's term, which expired on 10 March 2009.[15][16] The other two new judges' terms ended on 10 March 2012.[15][16]
The third ordinary election took place on 19–20 January 2009.[17][18] Twenty-one individuals were nominated to fill the six vacancies.[19] Only one incumbent judge, Fumiko Saiga, was eligible for re-election;[5] she ran and was elected.[17]
The fourth ordinary election took place during the 10th Session of the Assembly of States Parties from 12 to 21 December 2011. None of the six judges to be replaced were eligible for re-election.
The third special election took place in November 2013 to replace a judge who had resigned.
The fifth ordinary election took place in December 2014 to replace the judges elected in 2006.
The sixth ordinary election took place in December 2017 to replace the judges elected in 2009.[needs update]
Disqualification and removal from office
The prosecutor or any person being investigated or prosecuted may request the disqualification of a judge from "any case in which his or her impartiality might reasonably be doubted on any ground".[2] Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.[2]
A judge may be removed from office if "found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.[3] The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.[3]
The Presidency is the organ responsible for the proper administration of the court, except for the Office of the Prosecutor.[21] The Presidency oversees the activities of the Registry and organises the work of the judicial divisions. It also has some responsibilities in the area of external relations, such as negotiating agreements on behalf of the court and the promoting public awareness and understanding of the institution.[22]
The Presidency comprises the President and the First and Second Vice-Presidents – three judges of the court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms.[23] The Presidents of the ICC were Philippe Kirsch, who served from 2003 to 2009, Sang-hyun Song from 2009 to 2015, Silvia Fernández de Gurmendi from 2015 to 2018, Chile Eboe-Osuji from 2018 to 2021 and Piotr Hofmański from 2021 to 2024. As of March 2024, the President is Tomoko Akane from Japan; Rosario Salvatore Aitala of Italy is First Vice-President and Reine Alapini-Gansou of Benin is Second Vice-President. All three were elected on 11 March 2024.[24]
Judicial divisions
The eighteen judges are organized into three divisions: the Pre-Trial Division, Trial Division and Appeals Division.[4] The Pre-Trial Division (which comprises the Second Vice President and five other judges)[4] confirms indictments and issues international arrest warrants. The Trial Division (the First Vice President and six other judges) presides over trials. Decisions of the Pre-Trial and Trial Divisions may be appealed to the Appeals Division (the President and four other judges). Judges are assigned to divisions according to their qualifications and experience.
Current structure
Judges
As of March 2024, and after the International Criminal Court judges election in 2023, there are 18 full-time judges serving their mandate.
Judges of the International Criminal Court (sortable)
As of March 2024, 11 of the 18 judges are female. The geographical representation is as follows:[25]
Regional group
Number of judges
Western European and other states
4
African states
4
Latin American and Caribbean states
4
Eastern European states
3
Asian states
3
Chambers
The Judicial Chambers[26] are organized into three main divisions. The Appeals Chamber consists of the whole Appeals Division whereas the Pre-Trial Chambers cover whole situations, authorizing as well the opening of investigation or cases. The Trial Chambers single cases (which can consist of one or more accused). Accurate as of 2024.
Not eligible for re-election in 2023, remained in office as member of Trial Chamber V.
Mohamed Shahabuddeen of Guyana was elected to the court in January 2009 but he resigned for personal reasons before taking office.[34]
Classes of judges
In 2003, the first judges were divided into three different classes of terms: those with term ending in 2006 (and re-eligible), those with term ending in 2009 and those with term ending in 2012. This list shows to which class the different judges belong.
Classes of judges' terms
Period
Class of judges with initial term ending in 2006
Class of judges with initial term ending in 2009
Class of judges with initial term ending in 2012
Period
2003–2006
Kaul, Kourula, Kuenyehia, Slade, Song, Ušacka
Blattmann, Jorda, Kirsch, Pikis, Pillay, Politi Jorda resigned in 2007 Saiga elected in 2007 Pillay resigned in 2008
Clark, Diarra, Fulford, Hudson-Phillips, Odio Benito, Steiner Clark resigned in 2006 Hudson-Phillips resigned in 2007 Cotte, Nsereko elected in 2007
2003–2006
2006–2009
Kaul,[5] Kourula,[5] Kuenyehia,[5] Song,[5] Trendafilova, Ušacka[5] Kaul resigned in 2014
2006–2009
2009–2012
Aluoch, Monageng, Saiga,[5](Shahabuddeen), Tarfusser, Van den Wyngaert Shahabuddeen did not take office in 2009 Saiga died in 2009 Fernandez de Gurmendi, Ozaki elected in 2009
2009–2012
2012–2015
Carmona, Defensor-Santiago, Eboe-Osuji, Fremr, Herrera Carbuccia, Morrison Carmona resigned in 2013 Henderson elected in 2013 Defensor-Santiago resigned in 2014 Pangalangan elected in 2015
2012–2015
2015–2018
Chung, Hofmański, Kovács, Mindua, Perrin de Brichambaut, Schmitt
2015–2018
2018–2021
Ibáñez, Akane, Alapini-Gansou, Bossa, Prost, Aitala elected in 2017[35]
2018–2021
2021–2024
Korner, Lordkipanidze, Samba, Flores Liera, Ugalde, Alexis-Windsor elected in 2020[36]
2021–2024
2024-2027
Damdin, Motoc, Guillou, Hohler, Ben Mahfoudh, Paek elected in 2023[37]
1 2 3 4 5 International Criminal Court. Chambers. Retrieved 21 July 2007.
1 2 3 4 5 6 7 8 9 10 11 Article 36, paragraph 9Archived 15 October 2007 at the Wayback Machine , of the Rome Statute provides for two circumstances under which judges may be re-elected. Firstly, the six judges who were elected to three-year terms in 2003 were eligible for re-election in 2006. Secondly, any judge elected to fill a vacancy serves the remainder of his predecessor's term; if the remainder of the term is less than three years, the judge can subsequently be re-elected to a second term. (For example, Fumiko Saiga was elected in December 2007 to serve the remainder of Claude Jorda's term. Since Jorda's term expired in March 2009, Saiga was eligible for re-election. See International Criminal Court (28 November 2007). "Election of judges of the International Criminal Court: Frequently asked questions"(PDF).[dead link](38.6KiB). Retrieved 18 January 2008.)
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.
International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.
Jean-Pierre Bemba Gombo is a politician in the Democratic Republic of the Congo (DRC). He has served as the DRC's Vice Prime Minister and defence minister since 2023. He was previously one of four vice-presidents in the transitional government of the Democratic Republic of the Congo from 17 July 2003 to December 2006. He led the Movement for the Liberation of the Congo (MLC), a rebel group turned political party. He received the second-highest number of votes in the 2006 presidential election. In January 2007, he was elected to the Senate.
The International Criminal Court has The International Criminal Court has opened investigations in Afghanistan, the Central African Republic, Côte d'Ivoire, Darfur in Sudan, the Democratic Republic of the Congo, Kenya, Libya, Uganda, Bangladesh/Myanmar, Palestine, the Philippines, and Venezuela. Additionally, the Office of the Prosecutor conducted preliminary examinations in situations in Bolivia, Colombia, Guinea, Iraq / the United Kingdom, Nigeria, Georgia, Honduras, South Korea, Ukraine and Venezuela. Preliminary investigations were closed in Gabon; Honduras; registered vessels of Comoros, Greece, and Cambodia; South Korea; and Colombia on events since 1 July 2002.
The United States is not a state party to the Rome Statute of the International Criminal Court, which founded the International Criminal Court (ICC) in 2002.
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.
Marc Perrin de Brichambaut is a French career judge and diplomat. On 10 December 2014 he was elected a judge to the International Criminal Court (ICC) in The Hague. Until 30 June 2011 he was the Secretary General of the Organization for Security and Co-operation in Europe.
Anita Ušacka is a Latvian and international judge and legal academic. She has been a judge of the Constitutional Court of the Republic of Latvia and of the Trial and Appeals Divisions of the International Criminal Court (ICC). She was President of the Appeals Division of the International Criminal Court in 2011/2012. She retired in 2015.
Hans-Peter Kaul was a German international law scholar and former diplomat and lawyer. From 11 March 2003 until 1 July 2014, he served as Judge at the International Criminal Court in The Hague. At the ICC, Kaul was President of the Pre-Trial Division from 2004 until March 2009 and again in 2014, and he was the Court's vice-president from 2009 to 2012. In 2014, he resigned from the ICC for health reasons but his condition became worse and he died on 21 July 2014.
The International Criminal Court investigation in Kenya or the situation in the Republic of Kenya was an investigation by the International Criminal Court (ICC) into the responsibility for the 2007–2008 post-election violence in Kenya. The 2007–2008 crisis followed the presidential election that was held on 27 December 2007. The Electoral Commission of Kenya officially declared that the incumbent President Mwai Kibaki was re-elected however supporters of the opposition candidate Raila Odinga accused the government of electoral fraud and rejected the results. A series of protests and demonstrations followed, and fighting—mainly along tribal lines—led to an estimated 1,200 deaths and more than 500,000 people becoming internally displaced.
The Presidency of the International Criminal Court is the organ responsible for the proper administration of the Court.
The International Criminal Court investigation in the Democratic Republic of the Congo or the situation in the Democratic Republic of the Congo is an ongoing investigation by the International Criminal Court (ICC) into crimes committed in the Democratic Republic of the Congo (DRC) during the Second Congo War and its aftermath, including the Ituri and Kivu conflicts. The war started in 1998 and despite a peace agreement between combatants in 2003, conflict continued in the eastern parts of the country for several years. In April 2004 the government of the DRC formally referred the situation in the Congo to the International Criminal Court, and in June 2004, prosecutor Luis Moreno Ocampo, formally opened an investigation. To date, arrest warrants have been issued for:
Silvia Alejandra Fernández de Gurmendi is an Argentine lawyer, diplomat and judge. She has been a judge at the International Criminal Court (ICC) since 20 January 2010 and was the first woman President of the ICC from March 2015 to March 2018. She was elected to the presidency for a three-year term and served until March 2018. In 2020 she was elected to serve as President of the Assembly of States Parties to Rome Statute of the International Criminal Court for the twentieth to twenty-second sessions (2021-2023).
A special election for two judges of the International Criminal Court was held during the 8th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court in The Hague on 18 November 2009.
A special election for three judges of the International Criminal Court was held during the 6th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court in New York on 30 November and 3 December 2007.
An ordinary election for six judges of the International Criminal Court was held during the resumption of the 4th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court in New York on 26 January 2006.
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 scheduled for 8 to 17 December 2014 in New York. The judges were elected for terms of nine years and took office on 11 March 2015.
Kuniko Ozaki, is a Japanese lawyer who served as judge of the International Criminal Court and the Presiding Judge of Trial Chamber V, constituted to try the cases against four Kenyan nationals. Specially-appointed professor of International Human Right Law at Chuo University Faculty of Law (2021-).
Fumiko Saiga was a Japanese diplomat and was the first Japanese person and Asian woman to serve as a judge on the International Criminal Court. Her work focused on human rights and gender equality. As a politician, she was the Lieutenant Governor of Saitama Prefecture from 1998-2000.
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