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Repair Windows errors before they cause bigger problemsFix Now →Scan for outdated or missing drivers - takes under a minuteDriver Scan →The Assembly of States Parties (ASP) elects International Criminal Court (ICC) judges and the Prosecutor, but the nomination routes, qualifications and voting thresholds differ. States Parties nominate judges; the Prosecutor nominates candidates for Deputy Prosecutor vacancies, which the ASP fills by election.
Who makes the selections?
The ASP is the ICC’s governing body, made up of representatives of States Parties. Each State Party has one vote. It elects the Court’s judges and Prosecutor, and elects Deputy Prosecutors from candidates nominated by the Prosecutor. The Assembly of States Parties describes the Assembly’s membership and role.
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| Office | Who nominates | Who elects | Voting rule |
|---|---|---|---|
| Judge | A State Party | ASP | Two-thirds majority of States Parties present and voting, with the highest vote totals and statutory list and nationality rules |
| Prosecutor | Nomination procedure for the election | ASP | Absolute majority of ASP members |
| Deputy Prosecutor | The Prosecutor nominates three candidates for each vacancy | ASP, choosing from the submitted list | Absolute majority |
The applicable rules are in Article 36 of the Rome Statute for judges and Article 42 and the Prosecutor election procedure for prosecution leadership.
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How are ICC judges nominated and elected?
Candidate qualifications
The Statute provides for 18 judges. A candidate must be of high moral character, impartial and of integrity, and possess the qualifications required in their country for appointment to its highest judicial offices. Candidates must also have excellent knowledge of and fluency in at least one ICC working language.
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There are two professional qualification routes:
- List A: established competence in criminal law and procedure, with relevant experience as a judge, prosecutor, advocate or in a similar capacity in criminal proceedings.
- List B: established competence in relevant international law, including international humanitarian law or human rights law, and extensive relevant legal experience.
A candidate qualified under both routes may choose which list to enter. A State Party may nominate one candidate for an election, using its process for nominations to its highest judicial offices or the process for nominations to the International Court of Justice. The nominee need not be a national of the nominating State, but must be a national of a State Party.
Ballot and composition rules
Judges are elected by secret ballot at an ASP meeting. To be elected, a candidate must receive the highest vote totals and a two-thirds majority of States Parties present and voting, subject to the Statute’s list and nationality requirements. If seats remain unfilled, further ballots are held. No two judges may be nationals of the same State.
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In composing the bench, States Parties must take account of representation of the principal legal systems, equitable geographic representation, and fair representation of female and male judges. They must also consider the need for expertise in particular issues, including violence against women or children. These considerations operate alongside individual qualifications and ballot requirements; they are not a separate candidate qualification test.
Terms
Judges normally serve one non-renewable nine-year term. A judge assigned to a Trial or Appeals Chamber may remain in office to complete a trial or appeal whose hearing began before that Chamber. The ICC’s Judicial Divisions page also describes the bench as 18 judges serving nine-year, non-renewable terms.
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How are the Prosecutor and Deputy Prosecutors selected?
Prosecutor
The Prosecutor must be of high moral character, highly competent, and extensively experienced in prosecuting or trying criminal cases. The role also requires excellent knowledge of and fluency in at least one ICC working language. The ASP elects the Prosecutor by secret ballot and an absolute majority of its members. The election procedure calls for efforts to reach consensus; if consensus is not achieved, the secret-ballot rule applies.
Deputy Prosecutors
For each Deputy Prosecutor vacancy, the Prosecutor nominates three candidates. The ASP elects from that list by secret ballot and an absolute majority. The Prosecutor and Deputy Prosecutors must be of different nationalities. They serve full time and normally hold non-renewable nine-year terms, although a shorter term may be set at the time of election.
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What election procedures can vary by cycle?
The Rome Statute sets the core qualifications and election rules, while additional screening and consultation arrangements can be election-specific. For the 2020–2021 Prosecutor election, the ASP used a Committee on the Election of the Prosecutor and an expert panel, held public hearings, and consulted in an effort to identify a consensus candidate. These were features of that cycle, not permanent requirements established for every election. The Assembly elected Karim Khan on 12 February 2021 for a nine-year term beginning 16 June 2021. The official 2020 election page records that process.
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A 2021 Deputy Prosecutor selection offers another cycle-specific example: a Prosecutor’s letter reported 177 applicants and review by a three-member panel. That applicant count and panel description should not be treated as standard features of every deputy selection. The letter to the twentieth ASP session describes that process.
What is the status of the next judge election?
As of 3 October 2026, the ASP’s twenty-fifth session page scheduled an election of six judges during the session set for 7–17 December 2026. It listed nominations as running from 5 January to 29 March 2026. An Independent Oversight Mechanism notice dated 2 September 2026 also referred to the upcoming election. As of that date, the vote was still in the future; the schedule or results may have changed since. Check the ASP twenty-fifth session page and 2 September 2026 notice for the latest status.
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