A judge may be disqualified from "any case in which his or her impartiality might reasonably be doubted on any ground", and a judge may be removed from office if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions.
The judges are organized into three divisions: the Pre-Trial Division, Trial Division and Appeals Division.
Judges are elected to the ICC by the Assembly of States Parties, the Court's governing body. They serve nine-year terms and are not generally eligible for re-election.
All judges must be nationals of states parties to the Rome Statute, and no two judges may be nationals of the same state. They must be “persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices”, and they must "have an excellent knowledge of and be fluent in at least one of the working languages of the Court" (English and French).
Judges are elected from two lists of candidates. List A comprises candidates who 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". List B comprises candidates who 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". Elections are organised so that there are always at least nine serving judges from List A and at least five from List B.
The Assembly of States Parties is required to "take into account the need for the representation of the principal legal systems of the world, equitable geographical representation and a fair representation of female and male judges. They shall take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women and children."
A third election took place on 3 December 2007, to replace three judges who had resigned. The three new judges will serve the remaining portions of their predecessors' terms. The next election is due to take place in January 2009.
A judge may be removed from office if he or she "is found to have committed serious misconduct or a serious breach of his or her duties" or is unable to exercise his or her functions. The removal of a judge requires both a two-thirds majority of the other judges and a two-thirds majority of the states parties.
The Presidency is the organ responsible for the proper administration of the Court. It comprises the President and the First and Second Vice-Presidents — three judges of the Court who are elected to the Presidency by their fellow judges for a maximum of two three-year terms.
As of September 2008, the President is Philippe Kirsch. Akua Kuenyehia is First Vice-President and René Blattmann is Second Vice-President. All three were elected to their current terms on 11 March 2006.
|Fatoumata Dembele Diarra||Mali||2003||2012||Pre-Trial|
|Sir Adrian Fulford||United Kingdom||2003||2012||Trial|
|Hans-Peter Kaul||Germany||2003, 2006||2015||Pre-Trial|
|Erkki Kourula||Finland||2003, 2006||2015||Appeals|
|Akua Kuenyehia||Ghana||2003, 2006||2015||Pre-Trial|
|Daniel David Ntanda Nsereko||Uganda||2007||2012||Appeals|
|Elizabeth Odio Benito||Costa Rica||2003||2012||Trial|
|Sang-Hyun Song||South Korea||2003, 2006||2015||Appeals|
|Anita Usacka||Latvia||2003, 2006||2015||Trial|
As of September 2008, seven of the seventeen judges are female. The geographical representation is as follows:
|Regional group||Number of judges|
|Western European and other states||6|
|Latin American and Caribbean states||3|
|Eastern European states||2|
|Tuiloma Neroni Slade||Samoa||2003||2006||Defeated in 2006 election|
|Maureen Harding Clark||Ireland||2003||2006||Resigned to serve on the High Court of Ireland|
|Claude Jorda||France||2003||2007||Resigned "for reasons of permanent ill-health"|
|Karl Hudson-Phillips||Trinidad and Tobago||2003||2007||Resigned "for personal reasons"|
|Navanethem Pillay||South Africa||2003||2008||Resigned to serve as United Nations High Commissioner for Human Rights|