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2020 International Court Of Justice Judges Election

The year 2020 marked another significant juncture for international jurisprudence with the election of five new judges to the International Court of Justice. This quadrennial event, held concurrently at the United Nations Headquarters in New York City on November 11th and 12th, saw the General Assembly and the Security Council engage in their respective, yet coordinated, processes to select individuals who would shape global legal discourse for the next nine years. The chosen five, commencing their terms on February 6th, 2021, were Yuji Iwasawa of Japan, Xue Hanqin of China, Peter Tomka of Slovakia, Julia Sebutinde of Uganda, and Georg Nolte of Germany. Their election was a testament to their broad appeal, securing the necessary support from both principal organs of the United Nations.

Background

The International Court of Justice, often referred to as the ICJ, stands as the principal judicial organ of the United Nations, with its esteemed seat in The Hague. The Court's structure necessitates a staggered election of its fifteen judges, with five seats becoming available every three years. This ensures continuity while allowing for periodic renewal. The Statute of the International Court of Justice, specifically articles 2 through 15, meticulously outlines the procedures governing these elections, emphasizing the paramount importance of independence and impartiality. Judges are bound by strict ethical codes, precluding them from engaging in any political or administrative capacities, and crucially, from acting as representatives of their respective home states. Their role is to serve justice, not national interests.

Prior to the 2020 elections, the composition of the Court reflected a delicate balance of experience and emerging voices. The judges whose terms were set to conclude were:

  • Peter Tomka: His tenure, initiated in 2003 and renewed in 2012, was scheduled to end in 2021.
  • Xue Hanqin: Initially elected in 2010 and re-elected in 2012, her term was also set to conclude in 2021.
  • Julia Sebutinde: Appointed in 2012, her nine-year term was due to expire in 2021.
  • Giorgio Gaja: His service, commencing in 2012, was also slated for renewal in 2021.
  • Yuji Iwasawa: A more recent addition, elected in 2018, his term was to end in 2021.

Notably, out of these five judges whose seats were up for contention, all except Judge Gaja were put forward for re-election, indicating a recognition of their contributions and continued suitability for the demanding role.

Candidates

The criteria for becoming a judge of the ICJ are stringent, as laid out in Article 2 of the Statute of the International Court of Justice. Nominees must be individuals of "high moral character," possessing qualifications equivalent to the highest judicial offices in their home countries, or be recognized jurisconsults with proven expertise in international law. This ensures that only the most distinguished legal minds are considered for this crucial international forum.

The nomination process itself is a multi-layered affair designed to foster broad consensus and rigorous vetting. States parties to the ICJ Statute are empowered to propose candidates. However, these nominations are not arbitrary; they must originate from a "national group" comprising members of the Permanent Court of Arbitration designated by that State. For UN member states not represented in the PCA, a mechanism exists to appoint up to four individuals to form their respective "national groups" for this specific purpose. Each national group can nominate a maximum of four candidates, with a crucial limitation: no more than two of these can be of the nominating state's own nationality. To further refine the selection, these national groups are strongly encouraged to consult with their highest judicial bodies, leading law faculties, and national academies dedicated to the study of law. This consultative approach aims to distill a pool of highly qualified and internationally respected candidates.

2020 Nominees

The formal nomination period for the 2020 elections commenced on February 5th, 2020, when the Under-Secretary-General for Legal Affairs and the United Nations Legal Counsel, acting on behalf of the Secretary-General, invited nominations from the national groups. The deadline for submission was set for June 24th, 2020, as stipulated by Article 5, paragraph 1, of the Court's Statute. By this established deadline, the Secretariat had received nominations for eight candidates vying for the five available positions. These candidates were informally grouped according to their representation within the United Nations Regional Groups, a common practice that reflects the UN's broader organizational framework.

The nominated candidates for the 2020 election were:

The accompanying table details the candidates, the specific vacancy they were nominated for, and the diverse array of national groups that put them forward, illustrating the extensive international support some candidates garnered. It’s worth noting the broad geographical and legal support Yuji Iwasawa and Georg Nolte received, spanning continents and reflecting significant backing from various national groups.

Procedure

The election of ICJ judges is a sophisticated exercise in diplomacy and consensus-building, requiring parallel procedures within both the General Assembly and the Security Council. To secure a position, a candidate must achieve an absolute majority of votes in both bodies. This dual requirement underscores the Court's unique position as a UN organ where both the broader membership and the more select Security Council must concur.

Currently, an absolute majority translates to 97 votes in the General Assembly, reflecting its vast membership, and 8 votes in the Security Council, where the number of permanent and non-permanent members does not alter the majority threshold for this specific election.

The electoral process is designed to be thorough. If, after an initial round of balloting, fewer than five candidates secure the necessary majority in either body, subsequent rounds are held. These rounds are confined to candidates who have not yet reached the required threshold, ensuring that the process moves towards a definitive outcome. Conversely, if more than five candidates achieve an absolute majority in the first round, additional rounds are conducted involving all candidates until the number of those with a majority is reduced to five or fewer.

Once one organ identifies a list of five candidates who have secured the requisite majority, the president of that organ formally communicates these names to the president of the other organ. However, the names are not disclosed to the members of the second organ until it, too, has successfully identified five candidates with an absolute majority.

The critical stage is the comparison of the two lists. Any candidate appearing on both lists is deemed elected. If, however, fewer than five candidates are elected through this initial parallel process, the General Assembly and the Security Council convene for a second, and potentially a third, meeting. In these subsequent rounds, they independently conduct further ballots to fill the remaining vacant seats, again comparing the results after each stage until the required number of candidates achieve an absolute majority in both bodies.

The Statute of the ICJ anticipates scenarios where vacancies may persist. Should, after the third round of meetings, one or more seats remain unfilled, the General Assembly and the Security Council are empowered to form a joint conference. This conference, composed of three members appointed by each organ, can, by an absolute majority, agree on a name for each vacant seat. This agreed-upon name is then submitted for the approval of both the General Assembly and the Security Council. A unique provision allows this joint conference, if it reaches a unanimous agreement, to propose a candidate not previously on the nomination lists, provided that individual meets all eligibility requirements. It is a point of historical note that a joint conference has never been convened; instead, persistent balloting in subsequent meetings has typically led to the same candidates securing majorities in both bodies, often with weaker candidates withdrawing to facilitate the process.

In the exceedingly rare event that the General Assembly and the Security Council remain unable to fill all vacant seats, the judges of the ICJ who have already been elected are vested with the authority to fill the remaining vacancies. Their selection is made from the pool of candidates who received votes in either the General Assembly or the Security Council. In the event of a tie among the judges during this selection process, the eldest judge casts the deciding vote. This procedure, too, has remained in the realm of theoretical possibility rather than practical application.

Election

The 2020 election proceeded with remarkable efficiency, largely avoiding the protracted balloting that can sometimes characterize this process.

On November 11th, 2020, the first round of voting commenced simultaneously in both the General Assembly and the Security Council. In the General Assembly, the voting threshold for an absolute majority was 97 votes. The Security Council required 8 votes.

The results of the first round revealed a strong consensus for five candidates:

  • Yuji Iwasawa secured an impressive 161 votes in the General Assembly and 15 votes in the Security Council.
  • Georg Nolte garnered 150 votes in the General Assembly and 14 votes in the Security Council.
  • Xue Hanqin received 144 votes in the General Assembly and 13 votes in the Security Council.
  • Peter Tomka obtained 141 votes in the General Assembly and 13 votes in the Security Council.
  • Julia Sebutinde achieved 124 votes in the General Assembly and 10 votes in the Security Council.

The results in the General Assembly were particularly telling. More than five candidates, including Emmanuel Ugirashebuja (97 votes), Maja Seršić (71 votes), and Taoheed Olufemi Elias (56 votes), received votes, but only the top five listed above surpassed the absolute majority threshold of 97 votes needed.

Because more than five candidates had achieved the required majority in the General Assembly during the first round, a second round of voting was deemed necessary by that body. This second round, technically part of the same meeting, took place on November 12th, 2020. In this subsequent balloting, Emmanuel Ugirashebuja failed to secure the necessary 97 votes, falling to 87. This effectively narrowed the field to the five candidates who had already met the majority requirement, including those who had been elected in the first round.

Meanwhile, the Security Council, acting independently but concurrently, managed to elect its five preferred candidates in a single round of voting on November 11th, 2020. The five candidates who received the absolute majority of 8 votes in the Security Council were the same five who had secured the necessary majority in the General Assembly: Yuji Iwasawa, Georg Nolte, Xue Hanqin, Peter Tomka, and Julia Sebutinde.

The fact that both the General Assembly and the Security Council independently arrived at the same list of five candidates meant that their election to the International Court of Justice was confirmed without the need for any further rounds of voting or complex procedural maneuvers. This harmonious outcome, while not entirely uncommon, speaks to a significant degree of international consensus on the qualifications and suitability of these individuals to serve on the world's highest court.