The Judges of the ICJ

Composition and Election

The ICJ consists of 15 judges elected for nine-year terms by the General Assembly and Security Council voting independently and simultaneously. A candidate must obtain an absolute majority in both bodies to be elected. No two judges may be nationals of the same state. In practice, the P5 permanent members have always had a national on the bench, though this is a convention rather than a legal requirement.

Judges must possess the qualifications required for appointment to the highest judicial offices in their countries, or be recognized authorities in international law. The Court's composition is meant to represent the principal legal systems and civilizations of the world. Regional distribution is maintained informally: typically three judges from Africa, two from Latin America, three from Asia, five from Western Europe and others, and two from Eastern Europe.

Ad Hoc Judges

When a state party to a contentious case does not have a national among the sitting judges, it may appoint an ad hoc judge for that case. This provision, found in Article 31 of the Statute, was designed to ensure that each party's legal system and perspective is represented. Ad hoc judges participate fully in deliberations and voting.

Critics argue that ad hoc judges almost always vote in favor of the state that appointed them, which undermines the appearance of impartiality. Defenders counter that the institution allows the appointing state's legal arguments to be fully understood during deliberations, improving the quality of the judgment even if the ad hoc judge dissents.

Informal Regional Distribution of the 15 Seats

By long convention each of the five permanent members of the Security Council has usually held a seat, though the Statute does not require it. In the 2017 election the United Kingdom lost its seat for the first time since 1946 when Judge Christopher Greenwood was not re-elected, a vivid illustration that the P5 convention is political, not legal.