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Judges of the International Criminal Court

From Wikipedia, the free encyclopedia

The eighteen judges of theInternational Criminal Court (ICC) are elected for nine-year terms by themember-countries of the court.[1] Candidates must benationals of those countries and they must "possess the qualifications required in their respective States for appointment to the highest judicial offices".[1]

JudgeTomoko Akane, President of the ICC since 2024

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

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Judges are elected to the ICC by theAssembly 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 benationals ofstates 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]

Former JudgeErkki Kourula

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

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

  • In February 2003, the Assembly of States Partieselected the first bench of eighteen judges from a total of 43 candidates.[9] 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][10] 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.[11]
  • The secondelection was held on 26 January 2006.[12] Five of the six outgoing judges were re-elected, but JudgeTuiloma Neroni Slade was defeated.[13] He was succeeded by Ekaterina Trendafilova.[12]
  • Thefirst special election took place on 3 December 2007, to replace three judges who had resigned.[14][15] The three new judges were assigned to serve the remaining portions of their predecessors' terms.[14] Pursuant to a drawing of lots,Fumiko Saiga served the remainder of Claude Jorda's term, which expired on 10 March 2009.[16][17] The other two new judges' terms ended on 10 March 2012.[16][17]
  • The thirdordinary election took place on 19–20 January 2009.[18][19] Twenty-one individuals were nominated to fill the six vacancies.[20] Only one incumbent judge, Fumiko Saiga, was eligible for re-election;[5] she ran and was elected.[18]
  • Thesecond special election took place on 18 November 2009 to replace two judges who had died and resigned, respectively.Kuniko Ozaki of Japan andSilvia Fernández de Gurmendi were elected to serve until 2018.[21]
  • Thefourth 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.
  • Thethird special election took place in November 2013 to replace a judge who had resigned.
  • Thefifth ordinary election took place in December 2014 to replace the judges elected in 2006.
  • Thefourth special election took place in June 2015 to replace a judge who had resigned.
  • Thesixth ordinary election took place in December 2017 to replace the judges elected in 2009.
  • Theseventh ordinary election took place in December 2020 to replace the judges whose terms ended in 2021. Four of those judges had been elected in 2011 for full nine-year terms; the other two had been elected in the special elections in 2013 and 2015 to replace two judges elected in 2011 who had resigned.
  • Theeighth ordinary election took place in December 2023 to replace the judges elected in 2014.

Disqualification and removal from office

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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

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Main article:Presidency of the International Criminal Court
JudgePhilippe 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 theRegistry 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 werePhilippe 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 andPiotr Hofmański from 2021 to 2024. As of March 2024, the President isTomoko Akane from Japan;Rosario Salvatore Aitala of Italy is First Vice-President andReine Alapini-Gansou of Benin is Second Vice-President. All three were elected on 11 March 2024.[25]

Judicial divisions

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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 internationalarrest 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

[edit]

Judges

[edit]

As of July 2024,[update] after the2023 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 Japan20182027AppealsPresident
Rosario Salvatore Aitala Italy20182027Pre-TrialFirst Vice-President
Reine Alapini-Gansou Benin20182027Pre-TrialSecond Vice-President
Luz del Carmen Ibáñez Carranza Peru20182027Appeals
Solomy Balungi Bossa Uganda20182027Appeals
Kimberly Prost Canada20182027Trial
Joanna Korner United Kingdom20212030Trial
Gocha Lordkipanidze Georgia20212030Appeals
Socorro Flores Liera Mexico20212030Pre-Trial
Sergio Gerardo Ugalde Godínez Costa Rica20212030Pre-Trial
Miatta Maria Samba Sierra Leone20212030Trial
Althea Violet Alexis-Windsor Trinidad and Tobago20212030Trial
Keebong Paek South Korea20242033Trial
Erdenebalsuren Damdin Mongolia20242033Appeals
Iulia Motoc Romania20242033Pre-Trial
Haykel Ben Mahfoudh Tunisia20242033Pre-Trial
Nicolas Guillou France20242033Trial
Beti Hohler Slovenia20242033Trial


As of July 2024,[update] 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

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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 handle single cases (which can consist of one or more accused). As of 2025[update], 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-WindsorAbd-Al-Rahman trial (Darfur, Sudan)
Trial Chamber IIFlores Liera (Presiding), Prost, GuillouLubanga (DR Congo),Katanga (DR Congo),Al Mahdi (Mali),Ongwen (Uganda)
Trial Chamber IVProst (Presiding), Paek, GuillouBanda trial (Darfur, Sudan)
Trial Chamber VHohler (Presiding), Korner, PaekYekatom andNgaïssona (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, PaekAl Hassan (Mali)
Pre-Trial Division
Pre-Trial Chamber IMotoc (Presiding), Alapini-Gansou, Flores LieraDemocratic 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, HohlerPalestine
Pre-Trial Chamber IIAitala (Presiding), Ugalde, Ben MahfoudhCentral African Republic I
Central African Republic II
Darfur, Sudan
Kenya
Cote d'Ivoire
Afghanistan
Burundi
Ukraine
Pre-Trial Chamber IIIAlexis-Windsor (Presiding), Motoc, Ben MahfoudhUganda

Former judges

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Former judges of the International Criminal Court, as of July 2024[update]
NameCountryTook officeTerm EndNotes
SladeTuiloma Neroni SladeSamoa20032006Defeated in 2006 election.[13]
ClarkMaureen Harding ClarkIreland20032006Resigned to serve on theHigh Court of Ireland.[28]
JordaClaude JordaFrance20032007Resigned "for reasons of permanent ill-health".[29]
Hudson-PhillipsKarl Hudson-PhillipsTrinidad and Tobago20032007Resigned "for personal reasons".[30]
PillayNavanethem PillaySouth Africa20032008Resigned to serve as United NationsHigh Commissioner for Human Rights.[31]
KirschPhilippe KirschCanada20032009
PikisGeorghios PikisCyprus20032009
PolitiMauro PolitiItaly20032009
SaigaFumiko SaigaJapan2007, 2009[5]2009Died in office.[32]
NserekoDaniel NserekoUganda20072012
BlattmannRené BlattmannBolivia20032012Term extended from 2009 to complete theLubanga trial.
FulfordAdrian FulfordUnited Kingdom20032012Term extended in 2012 to complete the Lubanga trial.
Odio BenitoElizabeth Odio BenitoCosta Rica20032012Term extended in 2012 to complete the Lubanga trial.
CarmonaAnthony CarmonaTrinidad and Tobago20122013Resigned to becomePresident of Trinidad and Tobago.
DiarraFatoumata Dembélé DiarraMali20032014Term extended from 2012 to complete theKatanga trial.
CotteBruno CotteFrance20072014Term extended from 2012 to complete the Katanga trial.
SantiagoMiriam Defensor SantiagoPhilippines20122014Resigned due to health issues.[33]
KaulHans-Peter KaulGermany2003, 2006[5]2014Resigned due to health issues.[34]
KourulaErkki KourulaFinland2003, 20062015
KuenyehiaAkua KuenyehiaGhana2003, 20062015
SongSang-Hyun SongSouth Korea2003, 20062015
UsackaAnita UšackaLatvia2003, 20062015
TrendafilovaEkaterina TrendafilovaBulgaria20062015
SteinerSylvia SteinerBrazil20032016Term extended from 2012 to complete theBemba trial.
MonagengSanji MonagengBotswana20092018
WyngaertChris van den WyngaertBelgium20092018
AluochJoyce AluochKenya20092018
FernándezSilvia Fernández de GurmendiArgentina20092018
TarfusserCuno TarfusserItaly20092019Term extended from 2018 to complete theGbagbo andBlé Goudé trial.
OzakiKuniko OzakiJapan20092019Term extended part-time from 2018 to complete theNtaganda trial.
Eboe-OsujiChile Eboe-OsujiNigeria20122021
FremrRobert FremrCzech Republic20122021
HendersonGeoffrey HendersonTrinidad and Tobago20142021
Herrera CarbucciaOlga Venecia Herrera CarbucciaDominican Republic20122021
MorrisonHoward MorrisonUnited Kingdom20122021
PangalanganRaul Cano PangalanganPhilippines20152021Term extended in 2021 to complete theOngwen trial.
HofmańskiPiotr HofmańskiPoland20152024
BrichambautMarc Perrin de BrichambautFrance20152024
MinduaAntoine Kesia-Mbe MinduaDR Congo20152024Term extended in 2024 to complete theAl Hassan trial.
ChungChung Chang-hoSouth Korea20152025Term extended in 2024 to complete theYekatom andNgaïssona trial.
SchmittBertram SchmittGermany20152025Term extended in 2024 to complete theYekatom andNgaïssona trial.
KovácsPéter KovácsHungary20152025Term extended in 2024 to complete theYekatom andNgaïssona trial.

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

Classes of judges

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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
Saigaelected in 2007
Pillay resigned in 2008
Clark, Diarra, Fulford, Hudson-Phillips, Odio Benito, Steiner
Clark resigned in 2006
Hudson-Phillips resigned in 2007

Cotte, Nserekoelected 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, Ozakielected 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, Aitalaelected in 2017[36]2018–2021
2021–2024Korner, Lordkipanidze, Samba, Flores Liera, Ugalde, Alexis-Windsorelected in 2020[37]2021–2024
2024-2027Damdin, Motoc, Guillou, Hohler, Ben Mahfoudh, Paekelected in 2023[38]2024-2027
2027-20302027-2030

Notes and references

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  1. ^abcdefghi"Rome Statute of the International Criminal Court"(PDF).International Criminal Court. Article 36. Retrieved26 August 2024.
  2. ^abcArticle 41Archived 15 October 2007 at theWayback Machine of the Rome Statute. Retrieved 2 January 2008.
  3. ^abcArticle 46Archived 15 October 2007 at theWayback Machine of the Rome Statute. Retrieved 2 January 2008.
  4. ^abcdeInternational Criminal Court.Chambers. Retrieved 21 July 2007.
  5. ^abcdefghijkArticle 36, paragraph 9Archived 15 October 2007 at theWayback 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. ^abInternational Criminal Court (10 September 2004)."Procedure for the nomination and election of judges of the International Criminal Court"(PDF). Archived fromthe 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 ofStates Parties to the Rome Statute. Retrieved26 August 2024.
  9. ^United Nations (2003).Nominations for judges of the International Criminal Court – First electionArchived 8 August 2007 at theWayback Machine. Retrieved 18 January 2008.
  10. ^"First Election — 2003".Coalition for the International Criminal Court. Archived fromthe original on 18 December 2010. Retrieved26 August 2024.
  11. ^Coalition for the International Criminal Court.Judges and the Presidency. Retrieved 18 January 2008.
  12. ^abUN News Centre (26 January 2006).At UN, 6 judges elected to the International Criminal Court. Retrieved 18 January 2008.
  13. ^abUnited Nations Department of Public Information (26 January 2006).States Parties to the International Criminal Court statute elect six judges. Retrieved 18 January 2008.
  14. ^abInternational 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. ^abInternational Criminal Court (4 December 2007).Assembly of States Parties to the Rome Statute elects three judgesArchived 23 June 2007 at theWayback Machine. Retrieved 5 December 2007.
  17. ^abInternational 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. ^abInternational 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 respectivelyArchived 3 May 2009 at theWayback Machine. Retrieved 11 March 2009.
  24. ^Article 38Archived 15 October 2007 at theWayback Machine of the Rome Statute. Retrieved 21 July 2007.
  25. ^"New ICC Presidency elected for 2024-2027". 11 March 2024. Retrieved11 March 2024.
  26. ^"Judges Who's who | International Criminal Court".www.icc-cpi.int. Retrieved11 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 JordaArchived 20 January 2008 at theWayback Machine. Retrieved 18 January 2008.
  30. ^International Criminal Court (19 March 2007).Resignation of Judge Karl T. Hudson-PhillipsArchived 27 September 2007 at theWayback Machine. Retrieved 18 January 2008.
  31. ^International Criminal Court (30 July 2008).Resignation of Judge Navanethem PillayArchived 9 August 2008 at theWayback Machine. Retrieved 1 September 2008.
  32. ^International Criminal Court (24 April 2009).Passing of Judge Fumiko SaigaArchived 27 April 2009 at theWayback Machine. Retrieved 29 April 2009.
  33. ^"Miriam quits as ICC judge".The Philippine STAR.
  34. ^Resignation of ICC Judge Hans-Peter KaulArchived 24 September 2015 at theWayback Machine. ICC press release. 30 June 2014. Retrieved 6 July 2014.
  35. ^International Criminal Court (18 February 2009).Resignation of Mr. Mohamed ShahabuddeenArchived 23 February 2009 at theWayback Machine. Retrieved 18 February 2009.
  36. ^International Criminal Court."2017 - Election of six judges – Results". Retrieved22 January 2020.
  37. ^2020 Election of six judges Results (icc-cpi.int)
  38. ^International Criminal Court."2023 - Election of six judges – Results". Retrieved11 March 2024.
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