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Fourth Election - 2009
Fourth Election - 2009
On 11 March 2009, Judges Fumiko Saiga, Joyce Aluoch, Sanji Mmasenono Monageng, Christine Van den Wyngaert, and Cuno Tarfusser were officially sworn-in during a ceremony held at the seat of the Court, in The Hague. Credit: ICC-CPI
On 19-20 January 2009, during the first resumed session of the seventh session of the Assembly of States Parties (ASP) at the UN Headquarters in New York, states elected six new ICC judges for nine-year terms, namely: Joyce Aluoch (Kenya), Sanji Mmasenono Monageng (Botswana), Fumiko Saiga (Japan), Mohamed Shahabuddeen (Guyana), Cuno Tarfusser (Italy), and Christine Van den Wyngaert (Belgium).

Judge Mohamed Shahabuddeen submitted his resignation for personal reasons on 16 February 2009. On 24 April 2009, Judge Fumiko Saiga passed away. The ASP Bureau will fix the venue and date of the elections to fill the vacancies.

On 11 March 2009, Judges Fumiko Saiga, Joyce Aluoch, Sanji Mmasenono Monageng, Christine Van den Wyngaert, and Cuno Tarfusser were officially sworn-in during a ceremony held at the seat of the Court, in The Hague.

Background

In February 2003, during the first resumed session of the Assembly of States Parties (ASP), the first 18 judges of the International Criminal Court were elected. In accordance with the Rome Statute, the President of the ASP drew lots and selected six judges for a term of three years, six judges for a term of six years, and six judges for a term of nine years to allow varying termination dates.

The term of office of six judges selected for six-year terms will end in March 2009. Elections will be held during the first resumed seventh session of the ASP from 19 – 23 January 2009 at United Nations Headquarters in New York. Only Judge Fumiko Saiga of Japan is available for re-election since she filled a judicial vacancy term of less than three years. The original nomination period ran from 21 July – 13 October 2008. The nomination period has been extended three times, first to 27 October, then to 10 November and finally to 24 November since the minimum requirements for regional groups have not been met.

The judges elected will arrive at the Court at a crucial time in history, where Pre-trial chambers are setting important procedural landmarks, trial chambers are dealing with the first trials and appeals are establishing jurisprudence for the future. Only with a large pool of good candidates to choose from will the states be able to provide the Court with the quality judges it deserves.

Election

The ASP will elect those judges who obtain the highest number of votes with a two-thirds majority of States present and voting from a pool of candidates nominated by individual states parties. Candidates shall have established competence in criminal law and procedure (list A candidates) or in relevant areas of international law (list B candidates). States Parties must also take into account the representation of the principal legal systems of the world, equitable geographical representation, a fair representation of female and male judges, and judges with legal expertise on specific issues including, but not limited to, violence against children or women.

The procedure used for nominations and elections of judges requires States Parties to vote for a minimum number of candidates from each regional group, legal expertise and gender. Given the judges remaining on the bench, the adjusted minimum voting requirements for the 2009 election will be: 1 for list A and 1 for list B; for regional groups, 1 for Latin American and Caribbean States (GRULAC), and none for gender.

Nominations by region (Last updated 1 December 2008; Nomination period: 21 July – 24 November 2008)

African States: 12 nominations
NameNationalityList A/BGender
AGBANRIN-ELISHA, Victoire Désirée AdétoroBeninList AFemale
ALUOCH, Joyce *KenyaList AFemale
CHIBESAKUNDA, Lombe P.ZambiaList AFemale
DUGARD, Christopher John RobertSouth AfricaList BMale
EBOE-OSUJI, Chile**NigeriaList AMale
KAM, Gberdao GustaveBurkina FasoList AMale
MONAGENG, Sanji MmasenonoBotswanaList BFemale
N'GUM, Aminatta Lois RuneniGambiaList BFemale
RASOAZANANY, VonimbolanaMadagascarList AFemale
SITA-AKELE MUILA, AngéliqueDemocratic Republic of the CongoList BFemale
SOW, El Hadji MalickSenegalList AMale
THOMPSON, Rosolu John BankoleSierra LeoneList AMale

* On 13 October 2008, Kenya submitted the candidature of Justice Joyce Aluoch to replace the candidature of Justice Onesimus Mutungi, which had been originally submitted on 22 July 2008.
** On 10 November 2008, the Embassy of Nigeria requested to include Mr. Chile Eboe-Osuji on list A instead of list B, as previously indicated.

Asian States: 1 nomination
NameNationalityList A/BGender
SAIGA, FumikoJapanList BFemale


Eastern European States: 1 nomination
NameNationalityList A/BGender
VUKOJE, DragomirBosnia and HerzegovinaList AMale


Latin American and Caribbean States: 1 nomination
NameNationalityList A/BGender
ARBOLEDA RIPOLL, Fernando EnriqueColombiaList AMale
GONZÁLEZ CABAL, María del CarmenEcuadorList BFemale
SHAHABUDDEEN, MohamedGuyanaList BMale


Western European and other States: 4 nominations
NameNationalityList A/BGender
DASCALOPOULOU - LIVADA, PhaniGreeceList BFemale
TARFUSSER, CunoItalyList AMale
THOMASSEN, WilhelminaThe NetherlandsList AFemale
VAN DEN WYNGAERT, ChristineBelgiumList AFemale