Six judges of the International Criminal Court were elected during the 19th session of the Assembly of States Parties to the Rome Statute of the International Criminal Court held from 7 to 17 December 2020 in New York. The judges were elected for terms of nine years and took office on 11 March 2021.
The judges elected at this session replaced six 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 separate elections in 2013 and in 2015 to replace two judges elected in 2011 who had resigned. The newly elected judges will serve for nine years until 2030.
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]
The following judges were scheduled to remain in office beyond 2021:[2]
| Judge | Nationality | List A or B | Regional criteria | Gender | |||||||||
| List A | List B | African | Asian | E. European | GRULAG | WEOG | Female | Male | |||||
| Reine Alapini-Gansou | X | X | X | ||||||||||
| Solomy Balungi Bossa | X | X | X | ||||||||||
| Antoine Kesia-Mbe Mindua | X | X | X | ||||||||||
| Tomoko Akane | X | X | X | ||||||||||
| Chung Chang-ho | X | X | X | ||||||||||
| Piotr Hofmański | X | X | X | ||||||||||
| Péter Kovács | X | X | X | ||||||||||
| Luz del Carmen Ibáñez Carranza | X | X | X | ||||||||||
| Rosario Salvatore Aitala | X | X | X | ||||||||||
| Marc Pierre Perrin de Brichambaut | X | X | X | ||||||||||
| Kimberly Prost | X | X | X | ||||||||||
| Bertram Schmitt | X | X | X | ||||||||||
| 8 | 4 | 3 | 2 | 2 | 1 | 4 | 5 | 7 | |||||
The nomination period of judges for the 2020 election lasted from 6 January to30 March 2020.[3] It was first extended to 30 April on an emergency basis due to the COVID-19 pandemic[4] and then extended once more on a regular basis because the required number of Asian and Eastern European candidates had not been nominated.[5] A second Eastern European candidate was nominated during this second extension period, but no further Asian candidates were nominated, and thus the number of Asian candidates remained below the required number. The following persons were nominated:[6]
| Candidate | Nationality | List A or B | Regional criteria | Gender | |||||||||
| List A | List B | African | Asian | E. European | GRULAG | WEOG | Female | Male | |||||
| Althea Violet Alexis-Windsor | X | X | X | ||||||||||
| Andrés Bernardo Barreto González | X | X | X | ||||||||||
| Ishaq Usman Bello | X | X | X | ||||||||||
| X | X | X | |||||||||||
| Khosbayar Chagdaa | X | X | X | ||||||||||
| Jasmina Ćosić Dedović | X | X | X | ||||||||||
| María del Socorro Flores Liera | X | X | X | ||||||||||
| X | X | X | |||||||||||
| Joanna Korner | X | X | X | ||||||||||
| Gocha Lordkipanidze | X | X | X | ||||||||||
| X | X | X | |||||||||||
| Prosper Milandou | X | X | X | ||||||||||
| Ariela Peralta Distéfano | X | X | X | ||||||||||
| Íñigo Francisco Alberto Salvador Crespo | X | X | X | ||||||||||
| Miatta Maria Samba | X | X | X | ||||||||||
| Mônica Jacqueline Sifuentes | X | X | X | ||||||||||
| Viktor Panagiotis Tsilonis | X | X | X | ||||||||||
| Sergio Gerardo Ugalde Godínez | X | X | X | ||||||||||
| 10 | 8 | 5 | 1 | 2 | 7 | 3 | 8 | 10 | |||||
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 applied initially:[7]
| Criterion | Number of judges required | Number of judges remaining in office | Ex ante voting requirement | Number of candidates | Adjusted voting requirement | Adjusted voting requirement equals ex ante? |
| Lists A or B | ||||||
| List A | 9 | 8 | 1 | 10 | 1 | |
| List B | 5 | 4 | 1 | 8 | 1 | |
| Regional criteria | ||||||
| African | 3 | 3 | 0 | 5 | 0 | |
| Asian | 3 | 2 | 1 | 1 | 0 | |
| Eastern European | 3 | 2 | 1 | 2 | 1 | |
| Latin American and Caribbean | 3 | 1 | 2 | 7 | 2 | |
| Western European and other | 3 | 4 | 0 | 3 | 0 | |
| Gender criteria | ||||||
| Female | 6 | 5 | 1 | 8 | 1 | |
| Male | 6 | 7 | 0 | 10 | 0 | |
Regarding the List A or B requirement, one vote had to be cast for a List A candidate and one for a List B candidate.
Regarding the regional criteria, three votes had to be cast for certain regional groups: one for an Eastern European candidate and two for Latin American or Caribbean candidates.
Regarding the gender criteria, one vote had to be cast for a female candidate.
Because only one Asian candidate had been nominated, the regional minimum voting requirement for Asian candidates was adjusted to zero before the election pursuant to paragraph 20 (b) of the resolution that governs the elections.[8]
The minimum voting requirements are updated after each ballot to account for the judges already elected. The regional and gender requirements are dropped either if they can no longer be (jointly) fulfilled, or if after four ballots not all seats are filled. The List A or B requirement remains active until a sufficient number of judges has been elected from each list.
The ballot results were as follows:[9]
| Candidate | Nationality | 18 December 2020 | 21 December 2020 | 22 December 2020 | 23 December 2020 | |||||
| 1st ballot | 2nd ballot | 3rd ballot | 4th ballot | 5th ballot | 6th ballot | 7th ballot | 8th ballot | |||
| Valid votes cast | 117 | 110 | 118 | 119 | 123 | 117 | 118 | 118 | ||
| Two-thirds majority | 78 | 74 | 79 | 80 | 82 | 78 | 79 | 79 | ||
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The minimum voting requirements are imposed on the ballots cast, not on the results. Thus, there is no guarantee that a corresponding number of judges is elected. However, in this election this was the case:
| Criterion | Initial minimal voting requirement | Corresponding number of judges elected? |
| List A | 1 | |
| List B | 1 | |
| Eastern European | 1 | |
| Latin American and Caribbean | 2 | |
| Female | 1 | |
Note that these are the initial minimum voting requirements before the first ballot but after adjustment based on the number of candidates. Without that adjustment, there would have been a minimum voting requirement to cast one vote for an Asian candidate; no Asian candidate was elected.