Judges of the International Criminal Court

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 he or she "is 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

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]

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.

Elections

The following elections have taken place:[7]

  • 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, 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 second special election took place on 18 November 2009 to replace two judges who had died and resigned respectively. Kuniko Ozaki of Japan and Silvia Fernández de Gurmendi were elected to serve until 2018.[20]
  • The fourth ordinary election took place during the 10th Session of the Assembly of States Paries 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 fourth special election took place in June 2015 to replace a judge who had resigned.
  • The sixth ordinary election took place in December 2017 to replace the judges elected in 2009.

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 he or she "is 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

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 firsts President 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. As of March 2018, the President is Chile Eboe-Osuji from Nigeria ; Robert Fremr of Czech Republic is First Vice-President and Marc Perrin de Brichambaut of France is Second Vice-President. All three were elected on 11 March 2018.[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 First Vice President and six other judges)[4] confirms indictments and issues international arrest warrants. The Trial Division (the Second Vice President and five 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 June 2015, after the 2015 elections, there are 18 full-time judges who are supplemented by one judge whose term expired on 11 March 2012 but who continues to serve as an ad litem judge for the duration of the trial that had started with her on the bench.

Judges of the International Criminal Court, as of July 2015 (sortable)
NameCountry[25][26]Took officeTerm EndDivision
[27][28][29]		RemarkRef./
Notes
Joyce AluochKenya Kenya20092018TrialFirst Vice President
Chung Chang-ho South Korea20152024Pre-Trial
Chile Eboe-Osuji Nigeria20122021Trial
Silvia Fernández de GurmendiArgentina Argentina20092018AppealsPresident
Robert Fremr Czech Republic20122021Trial
Geoffrey A. Henderson Trinidad and Tobago20132021Trial
Olga Venecia Herrera Carbuccia Dominican Republic20122021Trial
Piotr Hofmański Poland20152024Appeals
Péter Kovács Hungary20152024Pre-Trial
Antoine Kesia-Mbe Mindua Democratic Republic of the Congo20152024Pre-Trial
Sanji Mmasenono MonagengBotswana Botswana20092018Appeals
Howard Morrison United Kingdom20122021Appeals
Kuniko OzakiJapan Japan20092018TrialSecond Vice President
Raul Cano Pangalangan Philippines20152021Pre-Trial
Marc Perrin de Brichambaut France20152024Pre-Trial
Bertram SchmittGermany Germany20152024Trial
Sylvia SteinerBrazil Brazil20032012TrialAd litem judge[30]
Cuno TarfusserItaly Italy20092018Pre-Trial
Christine van den WyngaertBelgium Belgium20092018Appeals

As of June 2015, 7 of the 19 judges (including ad litem) are female. The geographical representation is as follows:[25]

Regional group Number of judges
Western European and other states 5
African states 4
Latin American and Caribbean states 3 (+ 1 ad litem)
Asian states 3
Eastern European states 3

Chambers

The Appeals Chamber consists of the whole Appeals Division whereas the Pre-Trial Chambers cover whole situations and the Trial Chambers single cases (which can consist of one or more accused).

Chamber Members Committed to Ref.
Appeals Division
AppealsMonageng (President), Fernández de Gurmendi, van den Wyngaert, Morrison, Hofmański[31]
Trial Division
Trial Chamber ITarfusser (Presiding Judge), Herrera Carbuccia, HendersonGbagbo trial and Blé Goudé trial (Côte d'Ivoire)[32]
Trial Chamber II Perrin de Brichambaut (Presiding Judge), Herrera Carbuccia, Kovács Lubanga reparations proceedings (DR Congo)

Katanga reparations proceedings (DR Congo)

Ngudjolo Chui compensation request (DR Congo)

Trial Chamber IIISteiner (Presiding Judge), Aluoch, OzakiBemba trial (Central African Rep.)
Trial Chamber IVAluoch (Presiding Judge), Eboe-Osuji, HendersonBanda and Jerbo trial (Darfur [Sudan])
Trial Chamber V(a)Eboe-Osuji (Presiding Judge), Herrera Carbuccia, FremrRuto and Sang trial (Kenya)
Trial Chamber V(b)Ozaki (Presiding Judge), Fremr, HendersonKenyatta trial (Kenya)
Trial Chamber VIFremr (Presiding Judge), Ozaki, ChungNtaganda trial (DR Congo)
Trial Chamber VIISchmitt (Presiding Judge), Perrin de Brichaumbaut, PangalanganBemba, Kilolo, Mangenda, Babala Wandu and Arido trial (Central African Republic)
Pre-Trial Division
Pre-Trial Chamber I Aluoch, Tarfusser, Kovács Côte d'Ivoire [33]
Democratic Republic of the Congo
Libya
Mali
Registered vessels
Georgia[34]
Pre-Trial Chamber II Tarfusser, Perrin de Brichambaut, Chung Uganda [33]
Central African Republic I
Central African Republic II
Darfur, Sudan
Kenya

Former Trial Chambers

Chamber Members Committed to Ref.
Trial Division
Trial Chamber IFulford (Presiding Judge), Blattmann, Odio BenitoLubanga trial (DR Congo)[35]
Trial Chamber IICotte (Presiding Judge), Diarra, van den WyngaertKatanga and Ngudjolo Chui trial (DR Congo)[35]

Former judges

Former judges of the International Criminal Court, as of July 2009 (sortable)
NameCountryElectedTerm EndNotes
Tuiloma Neroni SladeSamoa Samoa20032006Defeated in 2006 election.[12]
Maureen Harding ClarkRepublic of Ireland Ireland20032006Resigned to serve on the High Court of Ireland.[36]
Claude JordaFrance France20032007Resigned "for reasons of permanent ill-health".[37]
Karl Hudson-PhillipsTrinidad and Tobago Trinidad and Tobago20032007Resigned "for personal reasons".[38]
Navanethem PillaySouth Africa South Africa20032008Resigned to serve as United Nations High Commissioner for Human Rights.[39]
Philippe KirschCanada Canada20032009Not eligible for re-election. President of the Court from 2003 to 2009.
Georghios PikisCyprus Cyprus20032009Not eligible for re-election.
Mauro PolitiItaly Italy20032009Not eligible for re-election.
Fumiko SaigaJapan Japan2007, 2009[5]2009Died in office.[40]
Daniel David Ntanda NserekoUganda Uganda20072012Not eligible for re-election.
René BlattmannBolivia Bolivia20032012Not eligible for re-election in 2009, remained in office as member of Trial Chamber I.
Adrian FulfordUnited Kingdom United Kingdom20032012Not eligible for re-election in 2012, remained in office as member of Trial Chamber I.
Elizabeth Odio BenitoCosta Rica Costa Rica20032012Not eligible for re-election in 2012, remained in office as member of Trial Chamber I.
Anthony CarmonaTrinidad and Tobago Trinidad and Tobago20122013Resigned to become President of Trinidad and Tobago.
Bruno CotteFrance France20072014Not eligible for re-election in 2012, remained in office as member of Trial Chamber II.
Fatoumata Dembélé DiarraMali Mali20032014Not eligible for re-election in 2012, remained in office as member of Trial Chamber II.
Miriam Defensor SantiagoPhilippines Philippines20122014Resigned due to health issues.[41]
Hans-Peter KaulGermany Germany2003, 2006[5]2014Resigned due to health issues.[42]
Erkki KourulaFinland Finland2003, 20062015Not eligible for re-election in 2015.
Akua KuenyehiaGhana Ghana2003, 20062015Not eligible for re-election in 2015.
Sang-Hyun SongSouth Korea South Korea2003, 20062015Not eligible for re-election in 2015.
Ekaterina TrendafilovaBulgaria Bulgaria20062015Not eligible for re-election in 2015.
Anita UšackaLatvia Latvia2003, 20062015Not eligible for re-election in 2015.

Mohamed Shahabuddeen of Guyana was elected to the court in January 2009 but he resigned for personal reasons before taking office.[43]

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
2003–2006 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 To be elected at the 16th session of the Assembly of State Parties in 2017
Will be in office 2018–2027.		 2018–2021
2021–2024 To be elected at the 19th session of the Assembly of State Parties in 2020
Will be in office 2021–2030.		 2021–2024

Notes and references

  1. 1 2 3 4 5 6 7 8 9 Article 36 Archived 15 October 2007 at the Wayback Machine. of the Rome Statute. Accessed 28 January 2008.
  2. 1 2 3 Article 41 Archived 15 October 2007 at the Wayback Machine. of the Rome Statute. Accessed 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. Accessed 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 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).  (38.6 KiB). Accessed 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). Accessed 16 October 2007.
  7. ↑ Coalition for the International Criminal Court. Election of ICC and ASP Officials – Judges. Accessed 20 January 2009.
  8. ↑ United Nations (2003). Nominations for judges of the International Criminal Court – First election Archived 8 August 2007 at the Wayback Machine.. Accessed 18 January 2008.
  9. ↑ Coalition for the International Criminal Court. First Election – 2003. Accessed 28 January 2008.
  10. ↑ Coalition for the International Criminal Court. Judges and the Presidency. Accessed 18 January 2008.
  11. 1 2 UN News Centre (26 January 2006). At UN, 6 judges elected to the International Criminal Court. Accessed 18 January 2008.
  12. 1 2 United Nations Department of Public Information (26 January 2006). States Parties to the International Criminal Court statute elect six judges. Accessed 18 January 2008.
  13. 1 2 International Criminal Court (4 December 2007). Assembly of States Parties to the Rome Statute elects three judges. Accessed 5 December 2007.
  14. ↑ International Criminal Court (2007). Election 2007. Accessed 1 September 2008.
  15. 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.. Accessed 5 December 2007.
  16. 1 2 International Criminal Court (28 November 2007). "Election of judges of the International Criminal Court: Frequently asked questions" (PDF).  (38.6 KiB). Accessed 5 December 2007.
  17. 1 2 International Criminal Court (20 January 2009). Results of the third election of the judges of the International Criminal Court. Accessed 20 January 2009.
  18. ↑ International Criminal Court (2008). Election of judges 2009. Accessed 1 September 2008.
  19. ↑ International Criminal Court (5 December 2008). "Third election of judges of the International Criminal Court" (PDF). . Accessed 20 January 2009.
  20. ↑ ICC information page on the November 2009 election of judges. Retrieved 10 March 2011.
  21. ↑ International Criminal Court. The Presidency. Accessed 21 July 2007.
  22. ↑ 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.
  23. ↑ Article 38 Archived 15 October 2007 at the Wayback Machine. of the Rome Statute. Accessed 21 July 2007.
  24. ↑ "New ICC Presidency elected for 2018-2021". Retrieved 2018-03-12.
  25. 1 2 International Criminal Court (2009). The Judges Archived 14 March 2009 at the Wayback Machine.. Accessed 19 March 2009.
  26. ↑ Judges continuing in office to complete proceedings. ICC. Retrieved 26 May 2012.
  27. ↑ Pre-Trial Division Archived 20 March 2012 at the Wayback Machine.. ICC. Retrieved 26 May 2012.
  28. ↑ Trial Division Archived 19 August 2012 at the Wayback Machine.. ICC. Retrieved 26 May 2012.
  29. ↑ Appeals Division Archived 20 March 2012 at the Wayback Machine.. ICC. Retrieved 26 May 2012.
  30. ↑ Some judges' terms expired on 11 March 2012 but they will continue to serve as ad litem judges for the duration of trials that have already begun with them on the bench, in accordance with Article 36 (10) of the Rome Statute, which states that any judge assigned to a Trial or Appeals Chamber "shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber".
  31. ↑ Appeals Division Archived 19 December 2010 at the Wayback Machine.. ICC. Retrieved 25 May 2012.
  32. ↑ Trial Division Archived 27 March 2015 at the Wayback Machine.. ICC. Retrieved 11 September 2015.
  33. 1 2 Pre-Trial Division Archived 27 July 2014 at the Wayback Machine.. ICC. Retrieved 11 September 2015.
  34. ↑ ICC Presidency assigns the Situation in Georgia to Pre-Trial Chamber I. ICC press release. 8 October 2015. Retrieved 8 October 2015.
  35. 1 2 Trial Division Archived 17 June 2011 at the Wayback Machine.. ICC. Retrieved 25 May 2012.
  36. ↑ International Criminal Court (11 December 2006). Resignation of Judge Maureen Harding Clark. Accessed 18 January 2008.
  37. ↑ International Criminal Court (8 May 2007). Resignation of Judge Claude Jorda Archived 20 January 2008 at the Wayback Machine.. Accessed 18 January 2008.
  38. ↑ International Criminal Court (19 March 2007). Resignation of Judge Karl T. Hudson-Phillips Archived 27 September 2007 at the Wayback Machine.. Accessed 18 January 2008.
  39. ↑ International Criminal Court (30 July 2008). Resignation of Judge Navanethem Pillay Archived 9 August 2008 at the Wayback Machine.. Accessed 1 September 2008.
  40. ↑ International Criminal Court (24 April 2009). Passing of Judge Fumiko Saiga Archived 27 April 2009 at the Wayback Machine.. Accessed 29 April 2009.
  41. ↑ http://www.philstar.com/headlines/2014/06/03/1330591/miriam-quits-icc-judge
  42. ↑ Resignation of ICC Judge Hans-Peter Kaul. ICC press release. 30 June 2014. Retrieved 6 July 2014.
  43. ↑ International Criminal Court (18 February 2009). Resignation of Mr. Mohamed Shahabuddeen Archived 23 February 2009 at the Wayback Machine.. Accessed 18 February 2009.
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