The eighteen judges of the International Criminal Court (ICC) are elected for nine-year terms by the member-countries of the court.[1] Candidates must be nationals of those countries and they must "possess the qualifications required in their respective States for appointment to the highest judicial offices".[1]
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]
Judges are elected to the ICC by the Assembly 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 be nationals of states 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]
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.
The following elections have taken place:[7][8]
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]
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 the Registry 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 were Philippe 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 and Piotr Hofmański from 2021 to 2024. As of March 2024, the President is Tomoko Akane from Japan; Rosario Salvatore Aitala of Italy is First Vice-President and Reine Alapini-Gansou of Benin is Second Vice-President. All three were elected on 11 March 2024.[25]
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 international arrest 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.
As of July 2024,[update] after the 2023 International Criminal Court judges election, there are 18 full-time judges serving their mandate.
Name | Country | Took office | Term End | Division |
Remark |
---|---|---|---|---|---|
Tomoko Akane | Japan | 2018 | 2027 | Appeals | President |
Rosario Salvatore Aitala | Italy | 2018 | 2027 | Pre-Trial | First Vice-President |
Reine Alapini-Gansou | Benin | 2018 | 2027 | Pre-Trial | Second Vice-President |
Luz del Carmen Ibáñez Carranza | Peru | 2018 | 2027 | Appeals | |
Solomy Balungi Bossa | Uganda | 2018 | 2027 | Appeals | |
Kimberly Prost | Canada | 2018 | 2027 | Trial | |
Joanna Korner | United Kingdom | 2021 | 2030 | Trial | |
Gocha Lordkipanidze | Georgia | 2021 | 2030 | Appeals | |
Socorro Flores Liera | Mexico | 2021 | 2030 | Pre-Trial | |
Sergio Gerardo Ugalde Godínez | Costa Rica | 2021 | 2030 | Pre-Trial | |
Miatta Maria Samba | Sierra Leone | 2021 | 2030 | Trial | |
Althea Violet Alexis-Windsor | Trinidad and Tobago | 2021 | 2030 | Trial | |
Keebong Paek | South Korea | 2024 | 2033 | Trial | |
Erdenebalsuren Damdin | Mongolia | 2024 | 2033 | Appeals | |
Iulia Motoc | Romania | 2024 | 2033 | Pre-Trial | |
Haykel Ben Mahfoudh | Tunisia | 2024 | 2033 | Pre-Trial | |
Nicolas Guillou | France | 2024 | 2033 | Trial | |
Beti Hohler | Slovenia | 2024 | 2033 | Trial |
As of July 2024,[update] 11 of the 18 judges are female. The geographical representation is as follows:[26]
Regional group | Number of judges |
---|---|
Western European and other states | 4 |
African states | 4 |
Latin American and Caribbean states | 4 |
Eastern European states | 3 |
Asian states | 3 |
The Judicial Chambers[27] 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 single cases (which can consist of one or more accused). As of 2024[update], the judges are assigned as follows.
Chamber | Members | Committed to |
---|---|---|
Appeals Division | ||
Appeals | Akane, Ibáñez, Balungi Bossa, Lordkipanidze, Damdin | |
Trial Division | ||
Trial Chamber I | Korner (Presiding), Alapini-Gansou, Alexis-Windsor | Abd-Al-Rahman trial (Darfur, Sudan) |
Trial Chamber II | Flores Liera (Presiding), Prost, Guillou | Lubanga (DR Congo), Katanga (DR Congo), Al Mahdi (Mali), Ongwen (Uganda) |
Trial Chamber IV | Prost (Presiding), Paek, Guillou | Banda trial (Darfur, Sudan) |
Trial Chamber V | Schmitt (Presiding), Kovács, Chung, Hohler (Alternate) | Yekatom and Ngaïssona trial (Central African Republic II) |
Trial Chamber VI | Samba (Presiding), Flores Liera, Ugalde, Paek (Alternate) | Said trial (Central African Republic II) |
Trial Chamber X | Prost (Presiding), Akane, Paek | Al Hassan trial (Mali) |
Pre-Trial Division | ||
Pre-Trial Chamber I | Motoc (Presiding), Alapini-Gansou, Flores Liera | Democratic Republic of the Congo |
Democratic Republic of the Congo II | ||
Libya (UN Security Council Resolution 1970) | ||
Mali | ||
Bangladesh / Myanmar (Rohingya genocide) | ||
Georgia | ||
Venezuela I | ||
Venezuela II | ||
Philippines | ||
Guillou (Presiding), Alapini-Gansou, Hohler | Palestine | |
Pre-Trial Chamber II | Aitala (Presiding), Ugalde, Ben Mahfoudh | Central African Republic I |
Central African Republic II | ||
Darfur, Sudan | ||
Kenya | ||
Cote d'Ivoire | ||
Afghanistan | ||
Burundi | ||
Ukraine | ||
Pre-Trial Chamber III | Alexis-Windsor (Presiding), Motoc, Ben Mahfoudh | Uganda |
Name | Country | Took office | Term End | Notes |
---|---|---|---|---|
Tuiloma Neroni Slade | Samoa | 2003 | 2006 | Defeated in 2006 election.[13] |
Maureen Harding Clark | Ireland | 2003 | 2006 | Resigned to serve on the High Court of Ireland.[28] |
Claude Jorda | France | 2003 | 2007 | Resigned "for reasons of permanent ill-health".[29] |
Karl Hudson-Phillips | Trinidad and Tobago | 2003 | 2007 | Resigned "for personal reasons".[30] |
Navanethem Pillay | South Africa | 2003 | 2008 | Resigned to serve as United Nations High Commissioner for Human Rights.[31] |
Philippe Kirsch | Canada | 2003 | 2009 | |
Georghios Pikis | Cyprus | 2003 | 2009 | |
Mauro Politi | Italy | 2003 | 2009 | |
Fumiko Saiga | Japan | 2007, 2009[5] | 2009 | Died in office.[32] |
Daniel Nsereko | Uganda | 2007 | 2012 | |
René Blattmann | Bolivia | 2003 | 2012 | Continued in office as member of Trial Chamber I. |
Adrian Fulford | United Kingdom | 2003 | 2012 | Continued in office as member of Trial Chamber I. |
Elizabeth Odio Benito | Costa Rica | 2003 | 2012 | Continued in office as member of Trial Chamber I. |
Sylvia Steiner | Brazil | 2003 | 2012 | Continued in office as member of Trial Chamber III. |
Anthony Carmona | Trinidad and Tobago | 2012 | 2013 | Resigned to become President of Trinidad and Tobago. |
Bruno Cotte | France | 2007 | 2014 | Continued in office as member of Trial Chamber II. |
Fatoumata Dembélé Diarra | Mali | 2003 | 2014 | Continued in office as member of Trial Chamber II. |
Miriam Defensor Santiago | Philippines | 2012 | 2014 | Resigned due to health issues.[33] |
Hans-Peter Kaul | Germany | 2003, 2006[5] | 2014 | Resigned due to health issues.[34] |
Erkki Kourula | Finland | 2003, 2006 | 2015 | |
Akua Kuenyehia | Ghana | 2003, 2006 | 2015 | |
Sang-Hyun Song | South Korea | 2003, 2006 | 2015 | |
Ekaterina Trendafilova | Bulgaria | 2006 | 2015 | |
Anita Ušacka | Latvia | 2003, 2006 | 2015 | |
Sanji Monageng | Botswana | 2009 | 2018 | |
Chris van den Wyngaert | Belgium | 2009 | 2018 | |
Cuno Tarfusser | Italy | 2009 | 2018 | |
Kuniko Ozaki | Japan | 2009 | 2018 | |
Joyce Aluoch | Kenya | 2009 | 2018 | |
Silvia Fernández de Gurmendi | Argentina | 2009 | 2018 | |
Chile Eboe-Osuji | Nigeria | 2012 | 2021 | |
Robert Fremr | Czech Republic | 2012 | 2021 | |
Geoffrey A. Henderson | Trinidad and Tobago | 2014 | 2021 | |
Olga Venecia Herrera Carbuccia | Dominican Republic | 2012 | 2021 | |
Howard Morrison | United Kingdom | 2012 | 2021 | |
Raul Cano Pangalangan | Philippines | 2015 | 2021 | Continued in office as member of Trial Chamber IX. |
Chung Chang-ho | South Korea | 2015 | 2024 | Continued in office as member of Trial Chamber V. |
Piotr Hofmański | Poland | 2015 | 2024 | |
Marc Perrin de Brichambaut | France | 2015 | 2024 | |
Bertram Schmitt | Germany | 2015 | 2024 | Continued in office as member of Trial Chamber V. |
Antoine Kesia-Mbe Mindua | Democratic Republic of the Congo | 2015 | 2024 | Continued in office as member of Trial Chamber X. |
Péter Kovács | Hungary | 2015 | 2024 | Continued in office as member of Trial Chamber V. |
Mohamed Shahabuddeen of Guyana was elected to the court in January 2009 but he resigned for personal reasons before taking office.[35]
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.
Period | Class of judges with initial term ending in 2006 | Class of judges with initial term ending in 2009 | Class of judges with initial term ending in 2012 | Period |
---|---|---|---|---|
2003–2006 | Kaul, Kourula, Kuenyehia, Slade, Song, Ušacka | Blattmann, Jorda, Kirsch, Pikis, Pillay, Politi Jorda resigned in 2007 Saiga elected in 2007 Pillay resigned in 2008 |
Clark, Diarra, Fulford, Hudson-Phillips, Odio Benito, Steiner Clark resigned in 2006 Hudson-Phillips resigned in 2007 Cotte, Nsereko elected in 2007 |
2003–2006 |
2006–2009 | Kaul,[5] Kourula,[5] Kuenyehia,[5] Song,[5] Trendafilova, Ušacka[5] Kaul resigned in 2014 |
2006–2009 | ||
2009–2012 | Aluoch, Monageng, Saiga,[5] (Shahabuddeen), Tarfusser, Van den Wyngaert Shahabuddeen did not take office in 2009 Saiga died in 2009 Fernandez de Gurmendi, Ozaki elected in 2009 |
2009–2012 | ||
2012–2015 | Carmona, 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 | ||
2015–2018 | Chung, Hofmański, Kovács, Mindua, Perrin de Brichambaut, Schmitt | 2015–2018 | ||
2018–2021 | Ibáñez, Akane, Alapini-Gansou, Bossa, Prost, Aitala elected in 2017[36] | 2018–2021 | ||
2021–2024 | Korner, Lordkipanidze, Samba, Flores Liera, Ugalde, Alexis-Windsor elected in 2020[37] | 2021–2024 | ||
2024-2027 | Damdin, Motoc, Guillou, Hohler, Ben Mahfoudh, Paek elected in 2023[38] | 2024-2027 | ||
2027-2030 | 2027-2030 |