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2015 International Criminal Court judges election
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December 2020
2014 2015 2017 24 June 2015 Miriam Defensor Santiago PHL Raul Cano Pangalangan PHL
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:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and
(iii) A fair representation of female and male judges."
Furthermore, article 36(3)(b) and 36(5) provide for two lists:
List A contains those judges that "[h]ave 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";
List B contains those who "[h]ave 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".
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.https://asp.icc-cpi.int/sites/asp/files/asp_docs/Resolutions/ICC-ASP-ASP3-Res-06-ENG.pdf Resolution ICC-ASP/3/Res.6 Assembly of States Parties to the Rome Statute 10 September 2004 22 July 2024 live https://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
Judges remaining in office
The following judges remained in office:https://asp.icc-cpi.int/sites/asp/files/asp_docs/ASP13R/ASP13R-Nomination-ENG.pdf#page=11 11 Annex II – Composition of the judges Assembly of States Parties to the Rome Statute July 22, 2024
JudgeNationality List A or B Regional criteria Gender List A List B African Asian E. European GRULAG WEOG Female Male Joyce Aluoch X X X Chung Chang-ho X X X Chile Eboe-Osuji X X X Silvia Fernández de Gurmendi X X X Robert Fremr X X X Geoffrey A. Henderson X X X Olga Venecia Herrera Carbuccia X X X Piotr Hofmański X X X Péter Kovács X X X Antoine Mindua X X X Sanji Mmasenono Monageng X X X Howard Morrison X X X Kuniko Ozaki X X X Marc Pierre Perrin de Brichambaut X X X Bertram Schmitt X X X Cuno Tarfusser X X X Christine van den Wyngaert X X X 12 5 4 2 3 3 5 6 11
Nomination process
The nomination period of judges for the 2015 special election lasted from 18 February to 31 March 2015https://asp.icc-cpi.int/sites/asp/files/asp_docs/ASP13R/ASP13R-Nomination-ENG.pdf ICC-ASP/R13/SP/04 July 23, 2024 Assembly of States Parties to the Rome Statute 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:https://asp.icc-cpi.int/elections/judges/2015/2015-Nomination Nominations July 23, 2014 July 23, 2024 Assembly of States Parties to the Rome Statute
Name Nationality List A or B Region Gender Ibrahim Aljazy List B Asia-Pacific States Male Raul Cano Pangalangan 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:https://asp.icc-cpi.int/sites/asp/files/asp_docs/ASP13R/ASP13R-Nomination-ENG.pdf#page=11 11 Annex II – Tables of minimum voting requirements July 23, 2024 Assembly of States Parties to the Rome Statute
Criterion Number of judges required Number of judges remaining in office Ex ante voting requirement Number of candidates Adjusted voting requirement Adjusted 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 4 0 0 0 Asia-Pacific 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.
The ballot took place on 24 June 2015. The voting totals were as follows:https://asp.icc-cpi.int/elections/judges/2015/2015-JE-results 2015 – Election of a judge – Results 24 June 2015 24 August 2026 Assembly of States Parties to the Rome Statute
Name Nationality List A or B Region Gender 1st round 2nd round Number of States Parties voting 83 84 Two-thirds majority 56 56 Raul Cano Pangalangan List B Asia-Pacific States Male 53 59 Ibrahim Aljazy List B Asia-Pacific States Male 30 25
As only one seat was being filled and the minimum voting requirement compelled each valid ballot to include one candidate from the Asia-Pacific States, the elected judge necessarily satisfied the corresponding regional criterion. Candidates from other regional groups could not have received votes in the first four ballots; none had been nominated.
References
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Election, 2015
Category:2015 elections
2015
Category:June 2015