Section 24p. 24

PUBLIC INTERNATIONAL LAW COMPENDIUM VOLUME I

(ii) Once a proposal for an increase in the number of

judges has been adopted and brought into effect under

subparagraphs (b) and (c) (i), it shall be open to the

Presidency at any time thereafter, if the workload of the

Court justifies it, to propose a reduction in the number of

judges, provided that the number of judges shall not be

reduced below that specified in paragraph 1. The proposal

shall be dealt with in accordance with the procedure laid

down in subparagraphs (a) and (b). In the event that the

proposal is adopted, the number of judges shall be

progressively decreased as the terms of office of serving

judges expire, until the necessary number has been

reached.

3. (a) The judges shall be chosen from among persons of

high

moral character, impartiality and integrity who

possess the qualifications required in their respective

States for appointment to the highest judicial offices.

(b) Every candidate for election to the Court shall:

(i) 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; or

(ii) 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;

(c) Every candidate for election to the Court shall have an

excellent knowledge of and be fluent in at least one of the

working languages of the Court.

4. (a) Nominations of candidates for election to the Court

may be made by any State Party to this Statute, and shall

be made either:

(i) By the procedure for the nomination of candidates for

appointment to the highest judicial offices in the State in

question; or

(ii) By the procedure provided for the nomination of

candidates for the International Court of Justice in the

Statute of that Court.

Nominations shall be accompanied by a statement in the

necessary detail specifying how the candidate fulfils the

requirements of paragraph 3.

(b) Each State Party may put forward one candidate for

any given election who need not necessarily be a national

of that State Party but shall in any case be a national of a

State Party.

(c)

The

Assembly

of

States

Parties

may

decide

to

establish,

if

appropriate,

an

Advisory

Committee

on

nominations. In that event, the Committee's composition

and mandate shall be established by the Assembly of

States Parties.

5. For the purposes of the election, there shall be two lists

of candidates:

List A containing the names of candidates with the

qualifications specified in paragraph 3 (b) (i); and

List B containing the names of candidates with the

qualifications specified in paragraph 3 (b) (ii).

A candidate with sufficient qualifications for both lists

may choose on which list to appear. At the first election to

the Court, at least nine judges shall be elected from list A

and at least five judges from list B. Subsequent elections

shall be so organized as to maintain the equivalent

proportion on the Court of judges qualified on the two

lists.

6. (a) The judges shall be elected by secret ballot at a

meeting of the Assembly of States Parties convened for

that purpose under article 112. Subject to paragraph 7, the

persons elected to the Court shall be the 18 candidates

who obtain the highest number of votes and a two-thirds

majority of the States Parties present and voting.

(b) In the event that a sufficient number of judges is not

elected on the first ballot, successive ballots shall be held

in

accordance

with

the

procedures

laid

down

in

subparagraph (a) until the remaining places have been

filled.

7. No two judges may be nationals of the same State. A

person who, for the purposes of membership of the

Court, could be regarded as a national of more than one

State shall be deemed to be a national of the State in

which that person ordinarily exercises civil and political

rights.

8. (a) The 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.

(b) States Parties shall also take into account the need to

include judges with legal expertise on specific issues,

including, but not limited to, violence against women or

children.

9. (a) Subject to subparagraph (b), judges shall hold office

for a term of nine years and, subject to subparagraph (c)

and to article 37, paragraph 2, shall not be eligible for

re-election.

(b) At the first election, one third of the judges elected

shall be selected by lot to serve for a term of three years;

one third of the judges elected shall be selected by lot to

serve for a term of six years; and the remainder shall serve

for a term of nine years.

(c) A judge who is selected to serve for a term of three

years

under

subparagraph

(b)

shall

be

eligible

for

re-election for a full term.

10. Notwithstanding paragraph 9, a judge assigned to a

Trial or Appeals Chamber in accordance with article 39

shall continue in office to complete any trial or appeal the

hearing of which has already commenced before that

Chamber.

ARTICLE 37

Judicial vacancies

1. In the event of a vacancy, an election shall be held in

accordance with article 36 to fill the vacancy.

2. A judge elected to fill a vacancy shall serve for the

remainder of the predecessor's term and, if that period is

three years or less, shall be eligible for re-election for a full

term under article 36.

ARTICLE 38

The Presidency

1. The President and the First and Second Vice-Presidents

shall be elected by an absolute majority of the judges.

They shall each serve for a term of three years or until the

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