Judges of the International Criminal Court

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]

Judge Song Sang-Hyun, President of the ICC from 2009 to 2015

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]

Qualifications, election and terms

Former Judge Erkki Kourula

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 that there are always at least nine serving judges from List A and at least five from List B.[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] Thus, there are voting requirements established which require at least six judges to be female and at least six to be male. Additionally, each regional group of the United Nations has at least two judges. If a regional group has more than sixteen states parties this leads to a minimum voting requirement of three judges from this regional group. Therefore, from the Statute's entry into force for the Maldives on 1 December 2011, all regional groups can claim a third judge.

Elections

The following elections have taken place:[7]

  • In February 2003, the Assembly of States Parties elected the first bench of eighteen judges from a total of 43 candidates.[8] After this first election, the President of the Assembly of States Parties drew lots to assign the eighteen judges to terms of three, six or nine years;[1][9] those who served for three years were eligible for re-election in 2006.[5] The first bench of judges was sworn in at the inaugural session of the court on 11 March 2003.[10]
  • The second election was held on 26 January 2006.[11] Five of the six outgoing judges were re-elected, but Judge Tuiloma Neroni Slade was defeated.[12] He was succeeded by Ekaterina Trendafilova.[11]
  • The first special election took place on 3 December 2007, to replace three judges who had resigned.[13][14] The three new judges were assigned to serve the remaining portions of their predecessors' terms.[13] Pursuant to a drawing of lots, Fumiko Saiga served the remainder of Claude Jorda's term, which expired on 10 March 2009.[15][16] The other two new judges' terms ended on 10 March 2012.[15][16]
  • The third ordinary election took place on 19–20 January 2009.[17][18] Twenty-one individuals were nominated to fill the six vacancies.[19] Only one incumbent judge, Fumiko Saiga, was eligible for re-election;[5] she ran and was elected.[17]
  • The second special election took place on 18 November 2009 to replace two judges who had died and resigned respectively. Kuniko Ozaki of Japan and Silvia Fernández de Gurmendi were elected to serve until 2018.[20]
  • The fourth ordinary election took place during the 10th Session of the Assembly of States Parties from 12 to 21 December 2011. None of the six judges to be replaced were eligible for re-election.
  • The third special election took place in November 2013 to replace a judge who had resigned.
  • The fifth ordinary election took place in December 2014 to replace the judges elected in 2006.
  • The fourth special election took place in June 2015 to replace a judge who had resigned.
  • The sixth ordinary election took place in December 2017 to replace the judges elected in 2009.[needs update]

Disqualification and removal from office

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]

Presidency

Judge Philippe Kirsch, the first President of the court

The Presidency is the organ responsible for the proper administration of the court, except for the Office of the Prosecutor.[21] 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.[22]

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.[23] 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.[24]

Judicial divisions

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.

Current structure

Judges

As of March 2024, and after the International Criminal Court judges election in 2023, there are 18 full-time judges serving their mandate.

Judges of the International Criminal Court (sortable)
NameCountryTook officeTerm EndDivision
Remark
Tomoko Akane  Japan20182027AppealsPresident
Rosario Salvatore Aitala  Italy20182027Pre-TrialFirst Vice-President
Reine Alapini-Gansou  Benin20182027Pre-TrialSecond Vice-President
Luz del Carmen Ibáñez Carranza  Peru20182027Appeals
Solomy Balungi Bossa  Uganda20182027Appeals
Kimberly Prost  Canada20182027Trial
Joanna Korner  United Kingdom20212030Trial
Gocha Lordkipanidze  Georgia20212030Appeals
Socorro Flores Liera  Mexico20212030Pre-Trial
Sergio Gerardo Ugalde Godinez  Costa Rica20212030Pre-Trial
Miatta Maria Samba  Sierra Leone20212030Trial
Althea Violet Alexis-Windsor  Trinidad and Tobago20212030Trial
Keebong Paek  South Korea20242033Trial
Erdenebalsuren Damdin  Mongolia20242033Appeals
Iulia Motoc  Romania20242033Pre-Trial
Haykel Ben Mahfoudh  Tunisia20242033Pre-Trial
Nicolas Guillou  France20242033Trial
Beti Hohler  Slovenia20242033Trial


As of March 2024, 11 of the 18 judges are female. The geographical representation is as follows:[25]

Regional groupNumber of judges
Western European and other states4
African states4
Latin American and Caribbean states4
Eastern European states3
Asian states3

Chambers

The Judicial Chambers[26] 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). Accurate as of 2024.

ChamberMembersCommitted to
Appeals Division
AppealsAkane, Ibáñez, Balungi Bossa, Lordkipanidze, Damdin
Trial Division
Trial Chamber IKorner (Presiding), Alapini-Gansou, Alexis-WindsorAbd-Al-Rahman trial (Darfur, Sudan)
Trial Chamber IIFlores Liera (Presiding), Prost, GuillouLubanga (DR Congo), Katanga (DR Congo), Al Mahdi (Mali), Ongwen (Uganda)
Trial Chamber IVProst (Presiding), Paek, GuillouBanda trial (Darfur, Sudan)
Trial Chamber VSchmitt (Presiding), Kovács, Chung, Hohler (Alternate)Yekatom and Ngaïssona trial (Central African Republic II)
Trial Chamber VISamba (Presiding), Flores Liera, Ugalde, Paek (Alternate)Said trial (Central African Republic II)
Trial Chamber XKesia-Mbe Mindua (Presiding), Akane, ProstAl Hassan trial (Mali)
Pre-Trial Division
Pre-Trial Chamber IMotoc (Presiding), Alapini-Gansou, Flores LieraDemocratic 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
Motoc (Presiding), Alapini-Gansou, GuillouPalestine
Pre-Trial Chamber IIAitala (Presiding), Ugalde, Ben MahfoudhCentral African Republic I
Central African Republic II
Darfur, Sudan
Kenya
Cote d'Ivoire
Afghanistan
Burundi
Ukraine
Pre-Trial Chamber IIIAlexis-Windsor (Presiding), Motoc, Ben MahfoudhUganda

Former judges

Former judges of the International Criminal Court, as of July 2009 (sortable)
NameCountryElectedTerm EndNotes
SladeTuiloma Neroni Slade Samoa20032006Defeated in 2006 election.[12]
ClarkMaureen Harding Clark Ireland20032006Resigned to serve on the High Court of Ireland.[27]
JordaClaude Jorda France20032007Resigned "for reasons of permanent ill-health".[28]
Hudson-PhillipsKarl Hudson-Phillips Trinidad and Tobago20032007Resigned "for personal reasons".[29]
PillayNavanethem Pillay South Africa20032008Resigned to serve as United Nations High Commissioner for Human Rights.[30]
KirschPhilippe Kirsch Canada20032009Not eligible for re-election. President of the Court from 2003 to 2009.
PikisGeorghios Pikis Cyprus20032009Not eligible for re-election.
PolitiMauro Politi [de] Italy20032009Not eligible for re-election.
SaigaFumiko Saiga Japan2007, 2009[5]2009Died in office.[31]
Ntanda NserekoDaniel Nsereko Uganda20072012Not eligible for re-election.
BlattmannRené Blattmann Bolivia20032012Not eligible for re-election in 2009, remained in office as member of Trial Chamber I.
FulfordAdrian Fulford United Kingdom20032012Not eligible for re-election in 2012, remained in office as member of Trial Chamber I.
Odio BenitoElizabeth Odio Benito Costa Rica20032012Not eligible for re-election in 2012, remained in office as member of Trial Chamber I.
SteinerSylvia Steiner Brazil20032012Not eligible for re-election in 2012.
CarmonaAnthony Carmona Trinidad and Tobago20122013Resigned to become President of Trinidad and Tobago.
CotteBruno Cotte France20072014Not eligible for re-election in 2012, remained in office as member of Trial Chamber II.
DiarraFatoumata Dembélé Diarra Mali20032014Not eligible for re-election in 2012, remained in office as member of Trial Chamber II.
SantiagoMiriam Defensor Santiago Philippines20122014Resigned due to health issues.[32]
KaulHans-Peter Kaul Germany2003, 2006[5]2014Resigned due to health issues.[33]
KourulaErkki Kourula Finland2003, 20062015Not eligible for re-election in 2015.
KuenyehiaAkua Kuenyehia Ghana2003, 20062015Not eligible for re-election in 2015.
SongSang-Hyun Song South Korea2003, 20062015Not eligible for re-election in 2015.
TrendafilovaEkaterina Trendafilova Bulgaria20062015Not eligible for re-election in 2015.
UsackaAnita Ušacka Latvia2003, 20062015Not eligible for re-election in 2015.
MonagengSanji Monageng Botswana20092018Not eligible for re-election in 2017.
WyngaertChris van den Wyngaert Belgium20092018Not eligible for re-election in 2017.
TarfusserCuno Tarfusser Italy20092018Not eligible for re-election in 2017.
OzakiKuniko Ozaki Japan20092018Not eligible for re-election in 2017.
AluochJoyce Aluoch Kenya20092018Not eligible for re-election in 2017.
FernándezSilvia Fernández de Gurmendi Argentina20092018Not eligible for re-election in 2017
Eboe-OsujiChile Eboe-Osuji  Nigeria20122021Not eligible for re-election in 2020.
FremrRobert Fremr  Czech Republic20122021Not eligible for re-election in 2020.
HendersonGeoffrey A. Henderson [de]  Trinidad and Tobago20142021Not eligible for re-election in 2020.
Herrera CarbucciaOlga Venecia Herrera Carbuccia  Dominican Republic20122021Not eligible for re-election in 2020.
MorrisonHoward Morrison  United Kingdom20122021Not eligible for re-election in 2020.
PangalanganRaul Cano Pangalangan  Philippines20152021Not eligible for re-election in 2020.
ChungChung Chang-ho  South Korea20152024Not eligible for re-election in 2023, remained in office as member of Trial Chamber V.
HofmańskiPiotr Hofmański  Poland20152024Not eligible for re-election in 2023.
BrichambautMarc Perrin de Brichambaut  France20152024Not eligible for re-election in 2023.
SchmittBertram Schmitt  Germany20152024Not eligible for re-election in 2023, remained in office as member of Trial Chamber V.
MinduaAntoine Kesia-Mbe Mindua  Democratic Republic of the Congo20152024Not eligible for re-election in 2023, remained in office as member of Trial Chamber X.
KovácsPéter Kovács  Hungary20152024Not eligible for re-election in 2023, remained 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.[34]

Classes of judges

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.

Classes of judges' terms
PeriodClass of judges with initial term ending in 2006Class of judges with initial term ending in 2009Class of judges with initial term ending in 2012Period
2003–2006Kaul, Kourula, Kuenyehia, Slade, Song, UšackaBlattmann, 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
2006–2009Kaul,[5] Kourula,[5] Kuenyehia,[5] Song,[5] Trendafilova, Ušacka[5]
Kaul resigned in 2014
2006–2009
2009–2012Aluoch, 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
2012–2015Carmona, 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
2015–2018Chung, Hofmański, Kovács, Mindua, Perrin de Brichambaut, Schmitt2015–2018
2018–2021Ibáñez, Akane, Alapini-Gansou, Bossa, Prost, Aitala elected in 2017[35]2018–2021
2021–2024Korner, Lordkipanidze, Samba, Flores Liera, Ugalde, Alexis-Windsor elected in 2020[36]2021–2024
2024-2027Damdin, Motoc, Guillou, Hohler, Ben Mahfoudh, Paek elected in 2023[37]2024-2027
2027-20302027-2030

Notes and references