The election was to replace six judges who had been elected for a six-year term during the initial election in 2003.
Background
The judges elected at this election were to take office on 11 March 2009, and to remain in office until 10 March 2018.[citation needed]
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.[2]
Nomination process
Following these rules, the nomination period of judges for the 2009 election lasted from 21 July to 13 October 2008 and was extended thrice until 24 November 2008 due to the lack of candidates from some groups for which minimum voting requirements were in place. The following persons were nominated:[3]
The candidature of Onesimus Mutungi of Kenya was replaced by the candidature of Joyce Aluoch.
Chile Eboe-Osuji of Nigeria was originally listed for list B.[4]
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 existed; they were to be adjusted once the election was underway.
Regarding the List A or B requirement, there was a minimum voting requirement (not to be waived at any time) of one judge from List A and one judge from List B.[5]
Regarding the regional criteria, there was a voting requirement for one judge from the Asian States and one judge from the Latin American and Caribbean States.
Regarding the gender criteria, there was no minimum voting requirement.
The regional and gender criteria could have been (and were) adjusted even before the election depending on the number of candidates. Paragraph 20(b) of the ASP resolution that governed 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. Furthermore, if the number of candidates of one gender is less than ten, then the minimum voting requirement shall not exceed a certain number depending on the number of candidates.
The regional and gender criteria could have been dropped either if they were not (jointly) possible any more, or if after four ballots not all seats were filled.
The voting requirements were as follows:
Criterion
Voting requirement ex ante
Candidates as of now
Adjusted voting requirement
Adjusted requirement equals ex ante?
Lists A or B
List A
1
11
1
Yes
List B
1
8
1
Yes
Regional criteria
African states
0
11
0
Yes
Asian states
1
1
0
No
Eastern European states
0
1
0
Yes
Latin American and Caribbean States
1
2
1
Yes
Western European and other States
0
4
0
Yes
Gender criteria
Female
0
11
0
Yes
Male
0
8
0
Yes
Ballots
The first two ballots took place on 19 January 2009. All other ballots took place on 20 January 2009.[citation needed]
