Judges of the International Criminal Court

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Lady Justice Solomy Bossy Hon. Lady Justice Solomy B. Bossa.jpg
Lady Justice Solomy Bossy

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]

Contents

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]

Qualifications, election and terms

Former Judge Erkki Kourula Erkki Kourula.jpg
Former Judge Erkki Kourula

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 as to maintain at least nine judges from List A and at least five from List B on the court. [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] For this purpose, voting requirements have been established that aim to maintain at least six female judges and at least six male judges on the court, and at least two from each regional group of the United Nations. If a regional group has more than sixteen states parties, the minimum voting requirement for this regional group increases by one. Therefore, since the Statute's entry into force for the Maldives on 1 December 2011, all regional groups can claim a third judge.

Elections

The following elections have taken place: [7] [8]

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]

Presidency

Judge Philippe Kirsch, the first President of the court JudgeKirsch.jpg
Judge Philippe Kirsch, the first President of the court

The Presidency is the organ responsible for the proper administration of the court, except for the Office of the Prosecutor. [22] 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. [23]

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. [24] 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. [25]

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 July 2024, after the 2023 International Criminal Court judges election, there are 18 full-time judges serving their mandate.

Judges of the International Criminal Court (sortable)
NameCountryTook officeTerm EndDivision
Remark
Tomoko Akane Flag of Japan.svg  Japan 20182027AppealsPresident
Rosario Salvatore Aitala Flag of Italy.svg  Italy 20182027Pre-TrialFirst Vice-President
Reine Alapini-Gansou Flag of Benin.svg  Benin 20182027Pre-TrialSecond Vice-President
Luz del Carmen Ibáñez Carranza Flag of Peru.svg  Peru 20182027Appeals
Solomy Balungi Bossa Flag of Uganda.svg  Uganda 20182027Appeals
Kimberly Prost Flag of Canada (Pantone).svg  Canada 20182027Trial
Joanna Korner Flag of the United Kingdom.svg  United Kingdom 20212030Trial
Gocha Lordkipanidze Flag of Georgia.svg  Georgia 20212030Appeals
Socorro Flores Liera Flag of Mexico.svg  Mexico 20212030Pre-Trial
Sergio Gerardo Ugalde Godínez Flag of Costa Rica.svg  Costa Rica 20212030Pre-Trial
Miatta Maria Samba Flag of Sierra Leone.svg  Sierra Leone 20212030Trial
Althea Violet Alexis-Windsor Flag of Trinidad and Tobago.svg  Trinidad and Tobago 20212030Trial
Keebong Paek Flag of South Korea.svg  South Korea 20242033Trial
Erdenebalsuren Damdin Flag of Mongolia.svg  Mongolia 20242033Appeals
Iulia Motoc Flag of Romania.svg  Romania 20242033Pre-Trial
Haykel Ben Mahfoudh Flag of Tunisia.svg  Tunisia 20242033Pre-Trial
Nicolas Guillou Flag of France.svg  France 20242033Trial
Beti Hohler Flag of Slovenia.svg  Slovenia 20242033Trial


As of July 2024, 11 of the 18 judges are female. The geographical representation is as follows: [26]

Regional groupNumber of judges
Western European and other states4
African states4
Latin American and Caribbean states4
Eastern European states3
Asian states3

Chambers

The Judicial Chambers 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 are seised of single cases (which can consist of one or more accused). As of 2025, the judges are assigned as follows: [27]

ChamberMembersCommitted to
Appeals Division
AppealsAkane, Ibáñez, Bossa, Lordkipanidze, Damdin
Trial Division
Trial Chamber IKorner (Presiding), Alapini-Gansou, Alexis-Windsor Abd-Al-Rahman trial (Darfur, Sudan)
Trial Chamber IIFlores Liera (Presiding), Prost, Guillou Lubanga (DR Congo), Katanga (DR Congo), Al Mahdi (Mali), Ongwen (Uganda)
Trial Chamber IVProst (Presiding), Paek, Guillou Banda trial (Darfur, Sudan)
Trial Chamber VKorner, Paek, Hohler Yekatom and Ngaïssona (Central African Republic II)
Trial Chamber VISamba (Presiding), Flores Liera, Ugalde, Paek (Alternate) Said trial (Central African Republic II)
Trial Chamber XProst (Presiding), Flores Liera, Paek Al Hassan (Mali)
Pre-Trial Division
Pre-Trial Chamber IMotoc (Presiding), Alapini-Gansou, Flores Liera Democratic Republic of the Congo
Libya (UN Security Council Resolution 1970)
Mali
Bangladesh / Myanmar (Rohingya genocide)
Georgia
Venezuela I
Venezuela II
Philippines
Republic of Lithuania / Republic of Belarus
Guillou (Presiding), Alapini-Gansou, Hohler Palestine
Pre-Trial Chamber IIAitala (Presiding), Ugalde, Ben Mahfoudh Central African Republic I
Central African Republic II
Darfur, Sudan
Kenya
Cote d'Ivoire
Afghanistan
Burundi
Ukraine
Pre-Trial Chamber IIIAlexis-Windsor (Presiding), Motoc, Ben Mahfoudh Uganda

Former judges

Former judges of the International Criminal Court, as of July 2024
NameCountryTook officeTerm EndNotes
Tuiloma Neroni Slade Flag of Samoa.svg Samoa 20032006Defeated in 2006 election. [13]
Maureen Harding Clark Flag of Ireland.svg Ireland 20032006Resigned to serve on the High Court of Ireland. [28]
Claude Jorda Flag of France.svg France 20032007Resigned "for reasons of permanent ill-health". [29]
Karl Hudson-Phillips Flag of Trinidad and Tobago.svg Trinidad and Tobago 20032007Resigned "for personal reasons". [30]
Navanethem Pillay Flag of South Africa.svg South Africa 20032008Resigned to serve as United Nations High Commissioner for Human Rights. [31]
Philippe Kirsch Flag of Canada (Pantone).svg Canada 20032009
Georghios Pikis Flag of Cyprus.svg Cyprus 20032009
Mauro Politi Flag of Italy.svg Italy 20032009
Fumiko Saiga Flag of Japan.svg Japan 2007, 2009 [5] 2009Died in office. [32]
Daniel Nsereko Flag of Uganda.svg Uganda 20072012
René Blattmann Flag of Bolivia.svg Bolivia 20032012Term extended from 2009 to complete the Lubanga trial.
Adrian Fulford Flag of the United Kingdom.svg United Kingdom 20032012Term extended in 2012 to complete the Lubanga trial.
Elizabeth Odio Benito Flag of Costa Rica.svg Costa Rica 20032012Term extended in 2012 to complete the Lubanga trial.
Anthony Carmona Flag of Trinidad and Tobago.svg Trinidad and Tobago 20122013Resigned to become President of Trinidad and Tobago.
Fatoumata Dembélé Diarra Flag of Mali.svg Mali 20032014Term extended from 2012 to complete the Katanga trial.
Bruno Cotte Flag of France.svg France 20072014Term extended from 2012 to complete the Katanga trial.
Miriam Defensor Santiago Flag of the Philippines.svg Philippines 20122014Resigned due to health issues. [33]
Hans-Peter Kaul Flag of Germany.svg Germany 2003, 2006 [5] 2014Resigned due to health issues. [34]
Erkki Kourula Flag of Finland.svg Finland 2003, 20062015
Akua Kuenyehia Flag of Ghana.svg Ghana 2003, 20062015
Sang-Hyun Song Flag of South Korea.svg South Korea 2003, 20062015
Anita Ušacka Flag of Latvia.svg Latvia 2003, 20062015
Ekaterina Trendafilova Flag of Bulgaria.svg Bulgaria 20062015
Sylvia Steiner Flag of Brazil.svg Brazil 20032016Term extended from 2012 to complete the Bemba trial.
Sanji Monageng Flag of Botswana.svg Botswana 20092018
Chris van den Wyngaert Flag of Belgium (civil).svg Belgium 20092018
Joyce Aluoch Flag of Kenya.svg Kenya 20092018
Silvia Fernández de Gurmendi Flag of Argentina.svg Argentina 20092018
Cuno Tarfusser Flag of Italy.svg Italy 20092019Term extended from 2018 to complete the Gbagbo and Blé Goudé trial.
Kuniko Ozaki Flag of Japan.svg Japan 20092019Term extended part-time from 2018 to complete the Ntaganda trial.
Chile Eboe-Osuji Flag of Nigeria.svg Nigeria 20122021
Robert Fremr Flag of the Czech Republic.svg Czech Republic 20122021
Geoffrey Henderson Flag of Trinidad and Tobago.svg Trinidad and Tobago 20142021
Olga Venecia Herrera Carbuccia Flag of the Dominican Republic.svg Dominican Republic 20122021
Howard Morrison Flag of the United Kingdom.svg United Kingdom 20122021
Raul Cano Pangalangan Flag of the Philippines.svg Philippines 20152021Term extended in 2021 to complete the Ongwen trial.
Piotr Hofmański Flag of Poland.svg Poland 20152024
Marc Perrin de Brichambaut Flag of France.svg France 20152024
Antoine Kesia-Mbe Mindua Flag of the Democratic Republic of the Congo.svg DR Congo 20152024Term extended in 2024 to complete the Al Hassan trial.
Chung Chang-ho Flag of South Korea.svg South Korea 20152025Term extended in 2024 to complete the Yekatom and Ngaïssona trial.
Bertram Schmitt Flag of Germany.svg Germany 20152025Term extended in 2024 to complete the Yekatom and Ngaïssona trial.
Péter Kovács Flag of Hungary.svg Hungary 20152025Term extended in 2024 to complete the Yekatom and Ngaïssona trial.

Mohamed Shahabuddeen of Guyana was elected to the court in January 2009 but he resigned for personal reasons before taking office. [35]

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
PeriodClass of judges with initial term ending in 2006Class of judges with initial term ending in 2009Class of judges with initial term ending in 2012Period
2003–2006Kaul, Kourula, Kuenyehia, Slade, Song, UšackaBlattmann, 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
2006–2009Kaul, [5] Kourula, [5] Kuenyehia, [5] Song, [5] Trendafilova, Ušacka [5]
Kaul resigned in 2014
2006–2009
2009–2012Aluoch, 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
2012–2015Carmona, 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
2015–2018Chung, Hofmański, Kovács, Mindua, Perrin de Brichambaut, Schmitt2015–2018
2018–2021Ibáñez, Akane, Alapini-Gansou, Bossa, Prost, Aitala elected in 2017 [36] 2018–2021
2021–2024Korner, Lordkipanidze, Samba, Flores Liera, Ugalde, Alexis-Windsor elected in 2020 [37] 2021–2024
2024-2027Damdin, Motoc, Guillou, Hohler, Ben Mahfoudh, Paek elected in 2023 [38] 2024-2027
2027-20302027-2030

Notes and references

  1. 1 2 3 4 5 6 7 8 9 "Rome Statute of the International Criminal Court" (PDF). International Criminal Court. Article 36. Retrieved 26 August 2024.
  2. 1 2 3 Article 41 Archived 15 October 2007 at the Wayback Machine of the Rome Statute. Retrieved 2 January 2008.
  3. 1 2 3 Article 46 Archived 15 October 2007 at the Wayback Machine of the Rome Statute. Retrieved 2 January 2008.
  4. 1 2 3 4 5 International Criminal Court. Chambers. Retrieved 21 July 2007.
  5. 1 2 3 4 5 6 7 8 9 10 11 Article 36, paragraph 9 Archived 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 their 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 ] (38.6  KiB). Retrieved 18 January 2008.)
  6. 1 2 International Criminal Court (10 September 2004). "Procedure for the nomination and election of judges of the International Criminal Court" (PDF). Archived from the original (PDF) on 9 October 2007. (77.1  KiB). Retrieved 16 October 2007.
  7. Coalition for the International Criminal Court. Election of ICC and ASP Officials – Judges. Retrieved 20 January 2009.
  8. "Elections – Judges". Assembly of States Parties to the Rome Statute . Retrieved 26 August 2024.
  9. United Nations (2003). Nominations for judges of the International Criminal Court – First election Archived 8 August 2007 at the Wayback Machine . Retrieved 18 January 2008.
  10. "First Election — 2003". Coalition for the International Criminal Court. Archived from the original on 18 December 2010. Retrieved 26 August 2024.
  11. Coalition for the International Criminal Court. Judges and the Presidency. Retrieved 18 January 2008.
  12. 1 2 UN News Centre (26 January 2006). At UN, 6 judges elected to the International Criminal Court. Retrieved 18 January 2008.
  13. 1 2 United Nations Department of Public Information (26 January 2006). States Parties to the International Criminal Court statute elect six judges. Retrieved 18 January 2008.
  14. 1 2 International Criminal Court (4 December 2007). Assembly of States Parties to the Rome Statute elects three judges. Retrieved 5 December 2007.
  15. International Criminal Court (2007). Election 2007 . Retrieved 1 September 2008.
  16. 1 2 International Criminal Court (4 December 2007). Assembly of States Parties to the Rome Statute elects three judges Archived 23 June 2007 at the Wayback Machine . Retrieved 5 December 2007.
  17. 1 2 International Criminal Court (28 November 2007). "Election of judges of the International Criminal Court: Frequently asked questions" (PDF).[ permanent dead link ] (38.6  KiB). Retrieved 5 December 2007.
  18. 1 2 International Criminal Court (20 January 2009). Results of the third election of the judges of the International Criminal Court [ permanent dead link ]. Retrieved 20 January 2009.
  19. International Criminal Court (2008). Election of judges 2009 . Retrieved 1 September 2008.
  20. International Criminal Court (5 December 2008). "Third election of judges of the International Criminal Court" (PDF).[ permanent dead link ]. Retrieved 20 January 2009.
  21. ICC information page on the November 2009 election of judges. Retrieved 10 March 2011.
  22. International Criminal Court. The Presidency. Retrieved 21 July 2007.
  23. International Criminal Court (11 March 2009). Judge Song (Republic of Korea) elected President of the International Criminal Court; Judges Diarra (Mali) and Kaul (Germany) elected First and Second Vice-Presidents respectively Archived 3 May 2009 at the Wayback Machine . Retrieved 11 March 2009.
  24. Article 38 Archived 15 October 2007 at the Wayback Machine of the Rome Statute. Retrieved 21 July 2007.
  25. "New ICC Presidency elected for 2024-2027". 11 March 2024. Retrieved 11 March 2024.
  26. "Judges Who's who | International Criminal Court". www.icc-cpi.int. Retrieved 11 March 2024.
  27. ICC Presidency assigns judges to judicial divisions and Chambers. ICC. Retrieved 13 March 2024.
  28. International Criminal Court (11 December 2006). Resignation of Judge Maureen Harding Clark. Retrieved 18 January 2008.
  29. International Criminal Court (8 May 2007). Resignation of Judge Claude Jorda Archived 20 January 2008 at the Wayback Machine . Retrieved 18 January 2008.
  30. International Criminal Court (19 March 2007). Resignation of Judge Karl T. Hudson-Phillips Archived 27 September 2007 at the Wayback Machine . Retrieved 18 January 2008.
  31. International Criminal Court (30 July 2008). Resignation of Judge Navanethem Pillay Archived 9 August 2008 at the Wayback Machine . Retrieved 1 September 2008.
  32. International Criminal Court (24 April 2009). Passing of Judge Fumiko Saiga Archived 27 April 2009 at the Wayback Machine . Retrieved 29 April 2009.
  33. "Miriam quits as ICC judge". The Philippine STAR .
  34. Resignation of ICC Judge Hans-Peter Kaul Archived 24 September 2015 at the Wayback Machine . ICC press release. 30 June 2014. Retrieved 6 July 2014.
  35. International Criminal Court (18 February 2009). Resignation of Mr. Mohamed Shahabuddeen Archived 23 February 2009 at the Wayback Machine . Retrieved 18 February 2009.
  36. International Criminal Court. "2017 - Election of six judges – Results" . Retrieved 22 January 2020.
  37. 2020 Election of six judges Results (icc-cpi.int)
  38. International Criminal Court. "2023 - Election of six judges – Results" . Retrieved 11 March 2024.