2015 International Criminal Court judges election explained

A special election for one judge of the International Criminal Court was held during the resumption of the 13th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court which took place in The Hague from 24 to 25 June 2015.

The election became necessary after one judge elected in the 2011 election was unavailable: Miriam Defensor-Santiago had resigned from the bench on 3 June 2014.

Background

The judge elected at this election was chosen to complete the term, until 10 March 2021, of the judge he replaced.

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 has to belong to exactly one list. A minimum of nine judges elected from list A and five judges elected from list B is to be maintained on the court.

Further rules of election were adopted by a resolution of the Assembly of States Parties in 2004.[1]

Judges remaining in office

The following judges remained in office:[2]

JudgeNationality List A or B Regional criteria Gender
List AList BAfricanAsianE. EuropeanGRULAGWEOGFemaleMale
Joyce AluochXXX
Chung Chang-hoXXX
Chile Eboe-OsujiXXX
Silvia Fernández de GurmendiXXX
Robert FremrXXX
XXX
Olga Venecia Herrera CarbucciaXXX
Piotr HofmańskiXXX
Péter KovácsXXX
Antoine MinduaXXX
Sanji Mmasenono MonagengXXX
Howard MorrisonXXX
Kuniko OzakiXXX
Marc Pierre Perrin de BrichambautXXX
Bertram SchmittXXX
Cuno TarfusserXXX
Christine van den WyngaertXXX
    
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Nomination process

The nomination period of judges for the 2015 special election lasted from 18 February to 31 March 2015[3] and could have been extended up to three times if there had been a lack of candidates from a group for which a minimum voting requirement was in place. The following persons were nominated:[4]

NameNationalityList A or BRegionGender
List B Asia-Pacific States Male
List B Asia-Pacific States Male

The nomination dated 31 March 2015 of A.B.M. Khairul Haque of Bangladesh was withdrawn on 13 April 2015.

Minimum voting requirements

Minimum voting requirements governed part of the election. This was to ensure that articles 36(5) and 36(8)(a) cited above were fulfilled. For this election, the following minimum voting requirements existed; they could have been adjusted once the election was underway.

Regarding the List A or B requirement, there was no minimum voting requirement.

Regarding the regional criteria, there was a voting requirement for one judge from the Asia-Pacific States.

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

The regional criterion could have been adjusted even before the election depending on the number of candidates. Paragraph 20(b) of the ASP resolution that governs 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.

The regional criterion would have been dropped if the seat had not been filled after four ballots.

The voting requirements were as follows:[3]

CriterionNumber of judges requiredNumber of judges remaining in officeVoting requirement ex anteNumber of candidatesAdjusted voting requirementAdjusted requirement equals ex ante?
Lists A or B
List A 9 12 0 0 0
List B 5 5 0 2 0
Regional criteria
African states 3 40 0 0
Asian states 3 2 1 2 1
Eastern European states 3 3 0 0 0
Latin American and Caribbean States 3 3 0 0 0
Western European and other States 3 5 0 0 0
Gender criteria
Female 6 6 0 0 0
Male 6 11 0 2 0

Ballots

On 24 June 2015, Raul Cano Pangalangan of the Philippines was elected.[5]

The ballot took place on 24 June 2015. The voting totals were as follows:

NameNationalityList A or BRegionGender1st round2nd round
Number of States Parties voting 83 84
Two-thirds majority 56 56
List B Asia-Pacific States Male
List B Asia-Pacific States Male

Notes and References

  1. 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.
  2. Web site: Annex II – Composition of the judges. 11. Assembly of States Parties to the Rome Statute. July 22, 2024.
  3. Web site: ICC-ASP/R13/SP/04. July 23, 2024. Assembly of States Parties to the Rome Statute.
  4. Web site: Nominations. July 23, 2014. July 23, 2024. Assembly of States Parties to the Rome Statute.
  5. http://www.icc-cpi.int/en_menus/icc/press%20and%20media/press%20releases/Pages/PR1122.aspx Assembly of States Parties to the Rome Statute elects a judge