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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 judicial candidates; the Prosecutor nominates candidates for Deputy Prosecutor posts, which the ASP elects.
Who makes the selections?
The ASP is made up of the ICC’s States Parties, with one vote for each member. It elects the Court’s judges and the Prosecutor. It also elects Deputy Prosecutors from candidates nominated by the Prosecutor. The Assembly’s role and membership are described on the ASP website.
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How are ICC judges elected?
Who can be nominated
The Rome Statute provides for 18 judges. A candidate must be of high moral character, impartial and honest, and hold the qualifications required in their country for its highest judicial offices. The candidate must also have excellent knowledge of and fluency in at least one of the ICC’s working languages.
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A State Party may nominate someone through its process for nominations to the highest national judicial offices or through the process for nominating candidates to the International Court of Justice. Each State Party may put forward one candidate for an election. The nominee need not be a national of the nominating country, but must be a national of a State Party. These requirements and procedures are set out in Article 36 of the Rome Statute.
How the vote works
Judges are elected by secret ballot at an ASP meeting. Candidates must receive the highest vote totals and at least a two-thirds majority of States Parties present and voting. Article 36 also sets rules for the number of judges elected from each qualification list and for nationality: no two judges may be nationals of the same State. If vacancies remain after a ballot, the Assembly holds successive ballots.
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How the bench is composed
Beyond individual qualifications, States Parties must take account of representation of the principal legal systems, equitable geographical 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 guide the composition of the bench; they do not replace the statutory eligibility and voting rules.
Terms of office
Judges normally serve a single, non-renewable nine-year term. A judge assigned to a Trial or Appeals Chamber may remain in office to finish a trial or appeal whose hearing began before that Chamber. The ICC describes its bench as 18 judges serving nine-year, non-renewable terms on its Judicial Divisions page.
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How are the Prosecutor and Deputy Prosecutors selected?
The Prosecutor
The Prosecutor must be of high moral character, highly competent and extensively experienced in prosecuting or trying criminal cases. The Prosecutor must also have excellent knowledge of and fluency in at least one ICC working language. The ASP elects the Prosecutor by secret ballot, requiring an absolute majority of Assembly members. The election procedure calls for efforts to reach consensus; if consensus is not achieved, the statutory ballot applies. The rules appear in Article 42 of the Rome Statute.
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, and all serve full time. Their normal term is nine years and non-renewable, unless the ASP decides on a shorter term at the time of election.
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Election procedures can vary by cycle
Some additional screening arrangements have been used in particular elections, but they are not permanent statutory requirements. For the 2020–2021 Prosecutor election, the ASP had a Committee on the Election of the Prosecutor and an expert panel, held public hearings and consulted with the aim of identifying a consensus candidate. The ASP elected Karim Khan on 12 February 2021 for a nine-year term beginning 16 June 2021. Those details belong to that cycle; see the official 2020 Prosecutor election page.
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1Clear out junk files and repair common Windows errors2Fix the driver behind crashes, sound loss and screen glitches3Repair Windows errors before they cause bigger problemsA 2021 Deputy Prosecutor process offers another dated example, not a general rule: the Prosecutor reported a pool of 177 applicants and review by a three-member panel in a letter to the ASP. The letter reiterated the Article 42 qualifications of high moral character, high competence and extensive practical experience in prosecution or trial work. See ICC-ASP/20/34.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What is the status of the next judge election?
As of 3 October 2026, the ASP’s 25th session page listed an election of six judges during the session scheduled for 7–17 December 2026. The nomination period was listed as 5 January to 29 March 2026. An Independent Oversight Mechanism notice dated 2 September 2026 also referred to the coming election. The scheduled vote was still in the future as of that date; check the 25th session page for any schedule changes or results and the 2 September 2026 notice.
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