TITLE II COOPERATION WITH THE INTERNATIONAL CRIMINAL COURT
CHAPITER VIII PROCEDURE FOR PRESENTATION OF A CANDIDATE FOR THE POST OF JUDGE AT THE INTERNATIONAL CRIMINAL COURT

Article 42
1. A vacancy for the post of Judge at the International Criminal Court shall be published in the Moniteur belge (official gazette) when the Cabinet, on a proposal of the Minister of Justice, decides to put forward a candidate for such an election. The announcement published in the Moniteur belge shall set out the qualifications of candidates on the basis of article 36 of the Statute and indicate the deadline for applications to reach the Minister of Justice.
2. When the deadline comes to pass, the Minister of Justice (Conseil supérieur de la Justice) shall ask the joint nominations and appointments board of the Higher Justice Council to draw up two lists of candidates, one ranking the applicants having the qualifications specified in article 36, paragraph 3(b)(i) of the Statute, the other ranking applicants having the qualifications specified in article 36, paragraph 3(b)(ii) of the Statute. These two lists shall be established after the candidates have been heard by the joint nominations and appointments board. The latter shall transmit the lists within 60 clear days as from the date of the transmission of the applicant files by the Minister of Justice. However, only one of these lists shall be drawn up if the vacant post(s) relate to only one of the categories referred to in article 36, paragraph 3(b) of the Statute.
3. At the end of the 60-day period referred to in paragraph 2 above, the King shall have 60 clear days to choose, by a decree discussed by the Cabinet, the candidate who will be put forward by Belgium for the vacant seat. His choice must be the person ranked first on the list, in the case of a single list, and one of the two persons ranked first on either list where two lists have been established pursuant to paragraph 2 above.
4. The King may, by decree discussed by the Cabinet, oppose the choice of the board with a reasoned refusal. The board shall have 15 clear days to submit one or two lists of candidates anew, in accordance with paragraph 2 above. At the end of that time period, the King shall have 30 clear days either to choose, by a decree discussed by the Cabinet, the candidate who will be presented by Belgium for the vacant seat according to the same procedure as referred in paragraph 3 above, or to decide, by a decree discussed by the Cabinet, having recourse to a reasoned refusal, not to put forward any of the candidates proposed, and thereby to close the procedure.

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.