2007 International Criminal Court judges election explained

A special election for three judges of the International Criminal Court was held during the 6th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court in New York on 30 November and 3 December 2007.[1]

The election was to replace three judges who had resigned during 2006 and 2007.

Background

The judges elected at this election took office on the date of their elections. Two were to remain in office until 10 March 2012, one judge (to be chosen by drawing of lots) until 10 March 2009.

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 2007 election lasted from 1 June to 24 August 2007. The following persons were nominated:[3]

NameNationalityList A or BRegionGender
List A Western European and Other States Male
List A Latin American and Caribbean States Female
List A African States Male
List A Latin American and Caribbean States Female
List B Asian States Female

The candidature of Sunday Akinola Akintan of Nigeria was withdrawn.[4]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 two judges from List A .[5]

Regarding the regional criteria, there was no minimum voting requirement.

Regarding the gender criteria, there was no minimum voting requirement.

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 2 4 2
List B 0 1 0
Regional criteria
African states 0 1 0
Asian states 0 1 0
Eastern European states 0 0 0
Latin American and Caribbean States 0 2 0
Western European and other States 0 1 0
Gender criteria
Female 0 3 0
Male 0 2 0

Ballots

The first two ballots took place on 30 November 2007. The other two ballots took place on 3 December 2007.

NameNationalityList A or BRegionGender1st round2nd round3rd round4th round
Number of States Parties voting 105 104 102 102
Two-thirds majority 70 69 68 68
List B Asian States Female bgcolor=lightgreen82 elected
List A Western European and Other States Male bgcolor=lightgreen79 elected
List A African States Male 54 53 60 bgcolor=lightgreen74
List A Latin American and Caribbean States Female 45 25 21 28
List A Latin American and Caribbean States Female 50 26 21 withdrawn

The drawing of lots had Saiga serve until 2009 and Cotte and Nsereko until 2012.[6]

Notes and References

  1. News: Results of the third election of the judges of the International Criminal Court . . 11 December 2011 . https://web.archive.org/web/20120919211211/http://www.icc-cpi.int/Menus/ASP/Elections/Judges/2007/Results%2Bof%2Bthe%2Belection.htm . 19 September 2012 . dead .
  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 . http://webarchive.loc.gov/all/20170406212844/http://www.icc-cpi.int/Menus/ASP/Elections/Judges/2007/Nominations+for+judges+of+the+International+Criminal+Court.htm . dead . 6 April 2017 . . 3 October 2007 . 11 December 2011 .
  4. http://webarchive.loc.gov/all/20170406212844/http://www.icc-cpi.int/Menus/ASP/Elections/Judges/2007/Nominations+for+judges+of+the+International+Criminal+Court.htm Nomination of judges
  5. http://webarchive.loc.gov/all/20170406221504/http://www.icc-cpi.int/iccdocs/asp_docs/library/asp/ICC-6-S-9_English.pdf Note verbale governing the election
  6. http://www.icc-cpi.int/NR/rdonlyres/9A9CD715-1651-4A5E-B0E6-9201EC07EF07/277059/ICCASP620_VolI_Part_I_English.pdf Official Records