Judges of the International Criminal Court

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".

A judge may be disqualified from "any case in which his or her impartiality might reasonably be doubted on any ground", 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.

The judges are organized into three divisions: the Pre-Trial Division, Trial Division and Appeals Division.

Qualifications, election and terms

Judges are elected to the ICC by the Assembly of States Parties, the Court's governing body. They serve nine-year terms and are not generally eligible for re-election. [http://www.un.org/law/icc/statute/99_corr/4.htm Article 36, paragraph 9,] 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 expires in March 2009, Saiga will be eligible for re-election. See International Criminal Court (28 November 2007). PDFlink| [http://www.icc-cpi.int/library/asp/Fact_sheet._Judges._28_November_2007_11.00.pdf "Election of judges of the International Criminal Court: Frequently asked questions"] |38.6 KiB . Accessed 18 January 2008.)]

All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. [http://www.un.org/law/icc/statute/99_corr/4.htm Article 36] of the Rome Statute. Accessed 28 January 2008.] 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”, 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).

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". 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". Elections are organised so that there are always at least nine serving judges from List A and at least five from List B.International Criminal Court (10 September 2004). PDFlink| [http://www.icc-cpi.int/library/asp/ICC-ASP-3-Res6_English.pdf "Procedure for the nomination and election of judges of the International Criminal Court"] |77.1 KiB . Accessed 16 October 2007.]

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."

Elections

As of September 2008, three elections have taken place. [Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=electionjudges "Election of ICC and ASP Officials — Judges"] . Accessed 28 January 2008.] In February 2003, the Assembly of States Parties elected the first bench of eighteen judges from a total of 43 candidates.United Nations (2003). [http://www.un.org/law/icc/elections/judges/judges_nominations.htm "Nominations for judges of the International Criminal Court — First election"] . Accessed 18 January 2008.] 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; [Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=electionjudges2003 "First Election — 2003"] . Accessed 28 January 2008.] those who served for three years were eligible for re-election in 2006. The first bench of judges was sworn in at the inaugural session of the Court on March 11 2003. [Coalition for the International Criminal Court. [http://www.iccnow.org/?mod=judgespresidency "Judges and the Presidency"] . Accessed 18 January 2008.]

The second election was held on 26 January 2006.UN News Centre (26 January 2006). [http://www.un.org/apps/news/story.asp?NewsID=17310 "At UN, 6 judges elected to the International Criminal Court"] . Accessed 18 January 2008.] Five of the six outgoing judges were re-elected, but Judge Tuiloma Neroni Slade was defeated.United Nations Department of Public Information (26 January 2006). [http://www.un.org/News/Press/docs/2006/l3101.doc.htm "States Parties to the International Criminal Court statute elect six judges"] . Accessed 18 January 2008.] He was succeeded by Ekaterina Trendafilova.

A third election took place on 3 December 2007, to replace three judges who had resigned.International Criminal Court (4 December 2007). [http://www.icc-cpi.int/press/pressreleases/306.html "Assembly of States Parties to the Rome Statute elects three judges"] . Accessed 5 December 2007.] International Criminal Court (2007). " [http://www.icc-cpi.int/asp/election_2007.html Election 2007] ". Accessed 1 September 2008.] The three new judges will serve the remaining portions of their predecessors' terms. The next election is due to take place in January 2009.International Criminal Court (2008). " [http://www.icc-cpi.int/asp/election_2008/2008_Judges.html Election of judges 2009] ". Accessed 1 September 2008.]

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". [http://www.un.org/law/icc/statute/99_corr/4.htm Article 41] of the Rome Statute. Accessed 2 January 2008.] Any request for the disqualification of a judge from a particular case is decided by an absolute majority of the other judges.

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. [http://www.un.org/law/icc/statute/99_corr/4.htm Article 46] of the Rome Statute. Accessed 2 January 2008.] The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.

Presidency

The Presidency is the organ responsible for the proper administration of the Court.International Criminal Court. [http://www.icc-cpi.int/organs/presidency.html "The Presidency"] . Accessed 21 July 2007.] It 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. [ [http://www.un.org/law/icc/statute/99_corr/4.htm Article 38] of the Rome Statute. Accessed 21 July 2007.]

As of September 2008, the President is Philippe Kirsch. Akua Kuenyehia is First Vice-President and René Blattmann is Second Vice-President. All three were elected to their current terms on 11 March 2006.

Judicial divisions

The eighteen judges are organized into three divisions: the Pre-Trial Division, Trial Division and Appeals Division.International Criminal Court. [http://www.icc-cpi.int/organs/chambers.html "Chambers"] . Accessed 21 July 2007.] The Pre-Trial Division (which comprises the First Vice President and six other judges) 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.International Criminal Court. [http://www.icc-cpi.int/about/ataglance/structure.html "Structure of the Court"] . Accessed 23 November 2006.]

Current judges

As of September 2008, there are seventeen sitting judges, because Navanethem Pillay resigned on 31 August 2008 in order to serve as United Nations High Commissioner for Human Rights.Office of the United Nations High Commissioner for Human Rights (2008). " [http://www.ohchr.org/EN/NewsEvents/Pages/NewHC.aspx Navanethem Pillay confirmed as new High Commissioner for Human Rights] ". Accessed 30 July 2008.] Pillay's term was due to finish in early 2009; she has yet to be replaced.

Notes and references