Article 1
This law regulates nomination and election procedure for candidates for judges who shall in international courts collaborate as representatives of the Republic of Slovenia on basis of international treaties to which the Republic of Slovenia is obliged (hereinafter: a candidate for international court judge).
This Law shall be mutatis mutandis applied for nomination and election of judges, who are elected to international courts directly by the Republic of Slovenia.
If an international treaty which obliges the Republic of Slovenia or other regulation does not provide otherwise, this Law shall be used also for election or nomination of representatives of the Republic of Slovenia to other international judicial organs and for members of an international arbitration from the Republic of Slovenia.

Article 2
Person who complies with the conditions provided by this Law can be nominated and elected for a candidate for international court judge.
If rules of an international court or an international treaty which obliges the Republic of Slovenia provide special conditions for election of international court judge, person which complies with such conditions, as well, can be nominated and elected for a candidate for international court judge.
Rules of an international court or an international treaty which obliges the Republic of Slovenia regarding invitation for applications, way of nominations, number of candidates and election procedure shall be appropriately applied.

Article 3
Person who complies with the conditions for election to judicial position of a supreme court judge in accordance with the law which regulates judicial offices can stand as a candidate for international court judge.
Besides conditions set in the former paragraph, a person must complies with the condition of active knowledge of at least one of the official languages of an international court.

Article 4
Ministry competent for justice (hereinafter: the ministry) invites for applications for a vacant judicial position at an international court within period set by public invitation of an international court.
If a judge for an international court is nominated without public invitation, the invitation for vacant judicial position shall be done at least six months before the expiration of the term of office of the present judge. If the mandate is terminated prematurely or invitation for applications for nominations is received, that shall be done no later then 15 days from the onset of the grounds for invitation for
applications.
Invitation for applications shall be published in the Official Gazette of the Republic of Slovenia.

Article 5
Deadline for applications shall not be shorter than fifteen days.
Candidates must together with their applications produce evidence of their fulfilment of application conditions and description of their professional activity after their latest professional or academic title.
The ministry deals with incomplete applications in accordance with law which regulates administrative procedure.
Applications which were filed after the deadline or are incomplete or were not supplemented within the deadline or do not comply with the application conditions shall be refused or dismissed by the ministry in accordance with law which regulates
administrative procedure.
Against the decision with which the application was refused or dismissed the administrative dispute shall be allowed. The appeal must be filed within three days after the decision was serviced.
Court of competent jurisdiction must decide on the appeal within eight days after it was filed.
Nomination proceedings for vacant judicial position shall be stayed until the court decision becomes final.
Applications which were not refused or dismissed shall be transferred by the ministry to the President of the Republic of Slovenia.

Article 6
After he had obtained opinions of the Government of the Republic of Slovenia and of the Judicial Council of the Republic of Slovenia on the applied candidates the President of the Republic of Slovenia shall transfer his proposals on required number of candidates to the Parliament of the Republic of Slovenia.
President of the Republic may propose more candidates than required by the rules of an international court.
The grounds for the proposals must be given.

Article 7
A candidate for international court judge shall be elected by the Parliament of the Republic of Slovenia by secret ballot by the majority of all members of the parliament.
If a candidate for international court judge is not elected, new election of new candidates shall be commenced.

If President of the Republic of Slovenia proposed more candidates than they are to be elected for international court judges, names of the candidates on ballot paper shall appear in the alphabetic order. If no candidate received required majority or if not enough candidates were elected for international court judges, the elections shall be repeated among the candidates who received the highest number of votes. The number of candidates voted upon shall be the same as number of required candidates for international court judge. If even after the repeated election not enough candidates are elected, new election of new candidates shall be commenced.
A candidate can resign from candidacy up until the commencement of voting.

Article 8
If international court requires substitutional or additional judge new election and nomination proceedings shall be commenced in accordance with this Law.

Article 36
Qualifications, nomination and election of judges
1. Subject to the provisions of paragraph 2, there shall be 18 judges of the Court.

2. (a) The Presidency, acting on behalf of the Court, may propose an increase in the number of judges specified in paragraph 1, indicating the reasons why this is considered necessary and appropriate. The Registrar shall promptly circulate any such proposal to all States Parties.
(b) Any such proposal shall then be considered at a meeting of the Assembly of States Parties to be convened in accordance with article 112. The proposal shall be considered adopted if approved at the meeting by a vote of two thirds of the members of the Assembly of States Parties and shall enter into force at such time as decided by the Assembly of States Parties.
(c) (i) Once a proposal for an increase in the number of judges has been adopted under subparagraph (b), the election of the additional judges shall take place at the next session of the Assembly of States Parties in accordance with paragraphs 3 to 8, and article 37, paragraph 2;
(ii) Once a proposal for an increase in the number of judges has been adopted and brought into effect under subparagraphs (b) and (c) (i), it shall be open to the Presidency at any time thereafter, if the workload of the Court justifies it, to propose a reduction in the number of judges, provided that the number of judges shall not be reduced below that specified in paragraph 1. The proposal shall be dealt with in accordance with the procedure laid down in subparagraphs (a) and (b). In the event
that the proposal is adopted, the number of judges shall be progressively decreased as the terms of office of serving judges expire, until the necessary number has been reached.

3. (a) The judges shall be chosen from among persons of high moral character, impartiality and integrity who possess the qualifications required in their respective States for appointment to the highest judicial offices.
(b) Every candidate for election to the Court shall:
(i) 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; or
(ii) 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;
(c) Every candidate for election to the Court shall have an excellent knowledge of and be fluent in at least one of the working languages of the Court.

4. (a) Nominations of candidates for election to the Court may be made by any State Party to this Statute, and shall be made either:
(i) By the procedure for the nomination of candidates for appointment to the highest judicial offices in the State in question; or
(ii) By the procedure provided for the nomination of candidates for the International Court of Justice in the Statute of that Court. Nominations shall be accompanied by a statement in the necessary detail specifying how the candidate fulfils the requirements of paragraph 3.
(b) Each State Party may put forward one candidate for any given election who need not necessarily be a national of that State Party but shall in any case be a national of a State Party.
(c) The Assembly of States Parties may decide to establish, if appropriate, an Advisory Committee on nominations. In that event, the Committee's composition and mandate shall be established by the Assembly of States Parties.

5. For the purposes of the election, there shall be two lists of candidates:
List A containing the names of candidates with the qualifications specified in paragraph 3 (b) (i); and
List B containing the names of candidates with the qualifications specified in paragraph 3 (b) (ii).
A candidate with sufficient qualifications for both lists may choose on which list to appear. At the first election to the Court, at least nine judges shall be elected from list A and at least five judges from list B. Subsequent elections shall be so organized as to maintain the equivalent proportion on the Court of judges qualified on the two lists.

6. (a) The judges shall be elected by secret ballot at a meeting of the Assembly of States Parties convened for that purpose under article 112. Subject to paragraph 7, the persons elected to the Court shall be the 18 candidates who obtain the highest number of votes and a two-thirds majority of the States Parties present and voting.
(b) In the event that a sufficient number of judges is not elected on the first ballot, successive ballots shall be held in accordance with the procedures laid down in subparagraph (a) until the remaining places have been filled.

7. No two judges may be nationals of the same State. A person who, for the purposes of membership of the Court, could be regarded as a national of more than one State shall be deemed to be a national of the State in which that person ordinarily exercises civil and political rights.

8. (a) The States Parties shall, in the selection of judges, take into account the need, within the membership of the Court, for:
(i) The representation of the principal legal systems of the world;
(ii) Equitable geographical representation; and
(iii) A fair representation of female and male judges.
(b) States Parties shall also take into account the need to include judges with legal expertise on specific issues, including, but not limited to, violence against women or children.

9. (a) Subject to subparagraph (b), judges shall hold office for a term of nine years and, subject to subparagraph (c) and to article 37, paragraph 2, shall not be eligible for re-election.
(b) At the first election, one third of the judges elected shall be selected by lot to serve for a term of three years; one third of the judges elected shall be selected by lot to serve for a term of six years; and the remainder shall serve for a term of nine years.
(c) A judge who is selected to serve for a term of three years under subparagraph (b) shall be eligible for re-election for a full term.

10. Notwithstanding paragraph 9, a judge assigned to a Trial or Appeals Chamber in accordance with article 39 shall continue in office to complete any trial or appeal the hearing of which has already commenced before that Chamber.