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2007 International Criminal Court judges election
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December 2019
2006 2007 January 2009 30 November and 3 December 2007 Claude Jorda FRA Maureen Harding Clark IRL Karl T. Hudson-Phillips TRI Fumiko Saiga JPN Bruno Cotte FRA Daniel Nsereko UGA
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.
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.https://www.icc-cpi.int/sites/default/files/NR/rdonlyres/9A9CD715-1651-4A5E-B0E6-9201EC07EF07/277059/ICCASP620_VolI_Part_I_English.pdf#page=12 Sixth session – Official Records – Volume I 12 27 August 2024 Assembly of States Parties to the Rome Statute
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 must belong to exactly one list.
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 were to remain in office after the election:https://asp.icc-cpi.int/sites/default/files/asp_docs/library/asp/icc-asp-6-s-10_judges_election-english.pdf#page=13 13 Annex II – Composition of the judges Assembly of States Parties to the Rome Statute 1 June 2007 26 August 2026
JudgeNationality List A or B Regional criteria Gender List A List B African Asian E. European GRULAC WEOG Female Male Adrian Fulford X X X Hans-Peter Kaul X X X Philippe Kirsch X X X Erkki Kourula X X X Mauro Politi X X X Fatoumata Dembélé Diarra X X X Akua Kuenyehia X X X Navanethem Pillay X X X René Blattmann X X X Elizabeth Odio Benito X X X Sylvia Helena de Figueiredo Steiner X X X Georghios M. Pikis X X X Sang-hyun Song X X X Ekaterina Trendafilova X X X Anita Ušacka X X X Totals 7 8 3 2 2 3 5 7 8
Nomination process
The nomination period of judges for the 2007 election lasted from 1 June to 24 August 2007.https://asp.icc-cpi.int/sites/default/files/asp_docs/library/asp/icc-asp-6-s-10_judges_election-english.pdf ICC-ASP/6/S/10 1 June 2007 26 August 2026 Assembly of States Parties to the Rome Statute The following persons were nominated:https://asp.icc-cpi.int/elections/judges/2007/nominations-for-judges-of-the-international-criminal-court Nominations for judges of the International Criminal Court Assembly of States Parties to the Rome Statute 3 October 2007 22 August 2026
NameNationality List A or B Regional criteria Gender List A List B African Asian E. European GRULAC WEOG Female Male Bruno Cotte X X X Graciela Dixon X X X Daniel Nsereko X X X Jean Angela Permanand X X X Fumiko Saiga X X X 4 1 1 1 0 2 1 3 2
The candidature of Sunday Akinola Akintan Q125394205 of Nigeria was withdrawn on 20 September 2007.
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 applied initially.
Regarding the List A or B requirement, there was a minimum voting requirement of two judges from List A.https://asp.icc-cpi.int/sites/default/files/asp_docs/library/asp/icc-asp-6-s-10_judges_election-english.pdf#page=14 14 Annex II – Tables of minimum voting requirements 1 June 2007 26 August 2026 Assembly of States Parties to the Rome Statute
Regarding the regional criteria, there was no minimum voting requirement.
Regarding the gender criteria, there was no minimum voting requirement.
The regional and gender requirements could have been adjusted before the election depending on the number of candidates, pursuant to paragraphs 20 (b) and (c) of the 2004 resolution.
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 voting requirements were as follows:
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 7 2 4 2 List B 5 8 0 1 0 Regional criteria African states 3 3 0 1 0 Asian states 2 2 0 1 0 Eastern European states 2 2 0 0 0 Latin American and Caribbean States 3 3 0 2 0 Western European and other States 3 5 0 1 0 Gender criteria Female 6 7 0 3 0 Male 6 8 0 2 0
Ballots
The first two ballots took place on 30 November 2007. The other two ballots took place on 3 December 2007.
The ballot results were as follows:https://asp.icc-cpi.int/elections/judges/2007/results-of-the-election Results of the election 3 December 2007 26 August 2026 Assembly of States Parties to the Rome Statute
Name Nationality List A or B Region Gender 1st round 2nd round 3rd round 4th round Number of States Parties voting 105 104 102 102 Two-thirds majority 70 69 68 68 Fumiko Saiga List B Asian States Female 82 elected Bruno Cotte List A Western European and Other States Male 79 elected Daniel Nsereko List A African States Male 54 53 60 74 Graciela Dixon List A Latin American and Caribbean States Female 45 25 21 28 Jean Angela Permanand List A Latin American and Caribbean States Female 50 26 21 withdrawn
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, as two List A judges were elected.
The drawing of lots on 3 December had Saiga serve until 10 March 2009 and Cotte and Nsereko until 10 March 2012.
References
Election, 2007
Category:2007 elections
2007
Category:2007 in New York City