2006 International Criminal Court judges election explained

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.[1]

Background

The judges elected at this election were to take office on 11 March 2006. All six judges elected for a three-year term in 2003 were eligible for re-election, all of them ran.

The election was governed by the Rome Statute of the International Criminal Court. Its article 36(8)(a) states that "[t]he States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:

Furthermore, article 36(3)(b) and 36(5) provide for two lists:

Each candidate must belong to exactly one list.

Further rules of election were adopted by a resolution of the Assembly of States Parties in 2004.[2]

Nomination process

Following these rules, the nomination period of judges for the 2006 election lasted from 18 July to 20 November 2005. The following persons were nominated:[3]

NameNationalityList A or BRegionGender
List B Eastern European States Male
List A African States Female
List B Western European and Other States Male
List B Western European and Other States Male
List B African States Female
List A Asian States Male
List A Asian States Male
List B African States Male
List A Eastern European States Female
List B Eastern European States Female

The candidature of Effie Owuor of Kenya was withdrawn.[4]

Minimum voting requirements

Minimum voting requirements governed part of the election. This was to ensure that article 36(8)(a) cited above is fulfilled. For this election, the following minimum voting requirements existed; they were to be adjusted once the election was underway.

Regarding the List A or B requirement, there was a minimum voting requirement (not to be waived at any time) of one judge from List A and one judge from List B.[5]

Regarding the regional criteria, there were minimum voting requirements for one African, one Asian and two Eastern European judges.

Regarding the gender criteria, there was a minimum voting requirement for one female judge.

The regional and gender criteria could have been adjusted even before the election depending on the number of candidates. Paragraph 20(b) of the ASP resolution that governed the elections states that if there are less than double the number of candidates required for each region, the minimum voting requirement shall be a (rounded-up) half of the number of candidates; except when there is only one candidate which results in no voting requirement. Furthermore, if the number of candidates of one gender is less than ten, then the minimum voting requirement shall not exceed a certain number depending on the number of candidates.

The regional and gender criteria could have been dropped either if they were not (jointly) possible any more, or if after four ballots not all seats were filled.

The voting requirements were as follows:

CriterionVoting requirement ex anteCandidates as of nowAdjusted voting requirementAdjusted requirement equals ex ante?
Lists A or B
List A 1 4 1
List B 1 6 1
Regional criteria
African states 1 3 1
Asian states 1 2 1
Eastern European states 2 3 2
Latin American and Caribbean States 0 0 0
Western European and other States 0 2 0
Gender criteria
Female 1 4 1
Male 0 6 0

Ballots

The only ballot took place on 26 January 2006.

NameNationalityList A or BRegionGenderBallot
Number of States Parties voting 100
Two-thirds majority 67
List A Eastern European States Female bgcolor=lightgreen82
List B Eastern European States Female bgcolor=lightgreen77
List B Western European and Other States Male bgcolor=lightgreen73
List B African States Female bgcolor=lightgreen72
List A Asian States Male bgcolor=lightgreen70
List B Western European and Other States Male bgcolor=lightgreen67
List A Asian States Male 50
List B Eastern European States Male 36
List B African States Male 29
List A African States Female 16

With the exception of Judge Slade (who was replaced by Ekaterina Trendafilova) all re-eligible judges were in fact re-elected.

Notes and References

  1. News: Second election of the judges of the International Criminal Court . . 11 December 2011.
  2. Web site: Resolution ICC-ASP/3/Res.6. . 10 September 2004 . 22 July 2024 . live. http://web.archive.org/web/20240415064515/https://asp.icc-cpi.int/sites/asp/files/asp_docs/Resolutions/ICC-ASP-ASP3-Res-06-ENG.pdf. 15 April 2024.
  3. News: Alphabetical listing . https://archive.today/20120805060601/http://www.icc-cpi.int/Menus/ASP/Elections/Judges/2007/Nominations+for+judges+of+the+International+Criminal+Court.htm . dead . 5 August 2012 . . 3 October 2007 . 11 December 2011 .
  4. https://archive.today/20120805080938/http://www.icc-cpi.int/Menus/ASP/Elections/Judges/2006/Alphabetical+listing.htm Alphabetical listing of candidates
  5. http://www.icc-cpi.int/iccdocs/asp_docs/library/asp/ICC-ASP-4-S-4_English.pdf Note verbale governing the election