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Sixth Election – 2011
Update on Ongoing ICC Judicial Elections
During the 10th Assembly of States Parties held in New York from 12-21 December 2011, States Parties elected six judges to the Court:
  • Miriam DEFENSOR-SANTIAGO (the Philippines);
  • Anthony Thomas Aquinas CARMONA (Trinidad and Tobago);
  • Robert FREMR (Czech Republic);
  • Olga Venecia HERRERA CARBUCCIA (Dominican Republic);
  • Howard MORRISON (UK); and
  • Chile EBOE-OSUJI (Nigeria).
On 12 December 2011, after the withdrawal of the candidature by the Tunisian candidate, Ajmi BEL HAJ HAMOUDA, 18 candidates were left on the ballot. In the first round of balloting Miriam DEFENSOR-SANTIAGO (the Philippines) and Anthony Thomas Aquinas CARMONA (Trinidad and Tobago) were elected as ICC Judges. On 13 December 2011, Robert FREMR (Czech Republic) was elected. On 14 December 2011 in the afternoon session, the elections of ICC judges for three remaining positions resumed. However after rounds 6, 7 and 8, no candidate reached the required two-thirds majority of votes and therefore no judges were elected. Wladyslaw CZAPLINSKI (Poland) and Eduardo CIFUENTES MUNOZ (Colombia) withdrew their candidacies. On 15 December 2011, Olga Venecia HERRERA CARBUCCIA (Dominican Republic) was elected as ICC judge with 77 votes in round 12. No candidates had reached the required majority in rounds 9, 10 or 11 of the elections. Round 10 was also delayed due to procedural issues. Javier LAYNEZ POTISEK (Mexico) and URBINA ORTEGA (Costa Rica) withdrew their candidacies. On 16 December, Howard MORRISON (UK) was elected in round 13 and Chile EBOE-OSUJI (Nigeria) was elected in round 15. Vinod BOOLELL (Mauritius) and Bruno CATHALA (France) withdrew their candidacies during the course of voting.

Judges elected at this tenth session of the ASP will be sworn in March 2012 and called to serve when required by the Court.

The CICC actively campaigned for States Parties to nominate the most highly qualified candidates as part of its ongoing campaign on ICC elections. The CICC also advocates for fair and transparent elections.


Background
The six judges elected in December 2011 will replace the six judges elected in 2003 to serve a full nine-year term. Elections were held during the tenth session of the ASP from 12 – 21 December 2011 at the United Nations Headquarters in New York. The original nomination period ran from 13 June – 2 September 2011. The nomination period was subsequently extended to 16 September 2011 because the minimum requirements for the Latin American and Caribbean States (GRULAC) had not been met.


Election
The ASP will elect those judges who obtain the highest number of votes with at least a two-thirds majority of States Parties present and voting from a pool of nominated candidates. Candidates shall have established competence in criminal law and procedure and necessary relevant experience in criminal proceedings (list A candidates) or established competence in relevant areas of international law and extensive practical experience in a professional legal capacity (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 2011 election was: 3 for list A, 2 for Latin American and Caribbean States (GRULAC), 1 for Eastern European States and 2 for male candidates.


Nominations by region (Nomination period: 13 June – 16 September 2011):


African States: 8 nominations
NameNationalityList A/BGender
BANKOLE THOMPSON,
Rosolu John
Sierra LeoneList AMale
BEL HAJ HAMOUDA, AjmiTunisiaList AMale
BOOLELL, VinodMauritiusList AMale
BRIA, Modeste-MartineauCentral African RepublicList AMale
EBOE-OSUJI, ChileNigeriaList AMale
KAM, Gberdao GustaveBurkina FasoList AMale
MINDUA, Antoine Kesia-MbeDRCList AMale
NOUHOU, Hamani MounkailaNigerList AMale

Asian States: 2 nominations
NameNationalityList A/BGender
DEFENSOR-SANTIAGO, MiriamPhilippinesList BFemale
SERGHIDES, George A.CyprusList AMale

Eastern European States: 2 nominations
NameNationalityList A/BGender
CZAPLIŃSKI, WładysławPolandList BMale
FREMR, RobertCzech RepublicList AMale

Latin American and Caribbean States: 5 nominations

NameNationalityList A/BGender
CARMONA, Anthony Thomas AquinasTrinidad and TobagoList AMale
CIFUENTES MUÑOZ, EduardoColombiaList AMale
HERRERA CARBUCCIA, Olga VeneciaDominican RepublicList AFemale
LAYNEZ POTISEK, JavierMexicoList AMale
URBINA ORTEGA, Jorge AntonioCosta RicaList BMale

Western European States: 2 nominations
NameNationalityList A/BGender
CATHALA, BrunoFranceList AMale
MORRISON, HowardUnited KingdomList AMale

The notes verbales, statements and curricula vitæ of all 19 candidates can be found at the ASP website:
http://www.icc-cpi.int/Menus/ASP/Elections/Judges/2011/Alphabetical+listing-2011.htm


The completed CICC Judicial Questionnaires received so far are:

Reply from Dr. Miriam Defensor-Santiago (Philippines) to CICC judicial questionnaire

Reply from Mr. Eduardo Cifuentes Muñoz (Colombia) to CICC judicial questionnaire

Reply from Mr. Anthony Thomas Aquinas Carmona (Trinidad and Tobago) to CICC judicial questionnaire

Réponse de Prof. Ajmi BEL HAJ HAMOUDA (Tunisie) au questionnaire des élections judiciaire de la CCPI

Réponse de M. Modeste-Martineau BRIA (République centrafricaine) au questionnaire des élections judiciaire de la CCPI

Reply from Dr. Javier Laynez Potisek (Mexico) to CICC judicial questionnaire

Reply from Dr. Hamani Mounaila Nouhou (Niger) to CICC judicial questionnaire (Unofficial translation)

Reply from Dr. Robert Fremr (Czech Republic) to CICC judicial questionnaire

Reply from Dr. Władysław Czapliński (Poland) to CICC judicial questionnaire

Reply from Dr. George A. Serghides (Cyprus) to CICC judicial questionnaire

*Addendum to reply from Dr. George A. Serghides (Cyprus) to CICC judicial questionnaire

Reply from Mr. Vinod Boolell (Mauritius) to CICC judicial questionnaire

Réponse de M. Gberdao Gustave Kam (Burkina Faso) au questionnaire des élections judiciaire de la CCPI

Reply from Mr. Bruno Cathala (France) to CICC judicial questionnaire

Reply from Mr. Howard Morrison (United Kingdom) to CICC judicial questionnaire

Reply from Dr. Chile Eboe-Osuji (Nigeria) to CICC judicial questionnaire

Reply from Mr. Rosolu John Bankole Thompson (Sierra Leone) to CICC judicial questionnaire