The International Criminal Court is set to elect six new judges in December, a critical moment for the institution as it faces political pressure, sanctions, and questions about internal governance. The judges, who will serve nine-year terms beginning in March 2027, will play a crucial role in shaping international criminal law and determining the Court's ability to deliver fair and timely justice. They will need to interpret the Rome Statute, manage complex cases, protect victims' and accused persons' rights, and defend judicial independence.
The election takes place against a backdrop of challenges for the ICC. In August 2026, the United States imposed sanctions on ICC President Tomoko Akane and senior trial lawyer Abdoulaye Seye, citing concerns about American sovereignty. The ICC described the measures as attacks on judicial independence and victims' rights. The sanctions have raised concerns about the ability of international justice officials to perform their duties without fear of personal consequences.
The ICC has also faced questions about institutional accountability, including the removal of Prosecutor Karim Khan in July 2026 after disciplinary proceedings. These developments have sharpened calls for stronger internal systems, responsible use of resources, and more efficient proceedings. The December election offers an opportunity for States Parties to select judges who can combine legal expertise and independence with sound judgment, integrity, and effective case management.
Eleven candidates from Africa, Europe, and Asia are competing for six positions on the Court's 18-member bench. They fall into two categories under the Rome Statute: List A candidates, who must demonstrate expertise in criminal law and procedure, and List B candidates, who must have established competence in areas of international law relevant to the Court. Each candidate must secure a two-thirds majority of States Parties present and voting.
The candidates offer different combinations of judicial, prosecutorial, international law, and institutional experience. Kenya's Njoki Ndung'u, a founding judge of Kenya's Supreme Court, has over 35 years of experience spanning prosecution, constitutional adjudication, legislative reform, and human rights. President William Ruto officially launched her candidature in May, describing her as an accomplished jurist and representative of a generation of Kenyan constitutional reformers.
The election carries particular significance for Africa, which has 33 States Parties to the Rome Statute but currently holds four of the ICC's 18 judicial seats. The serving African judges are Reine Alapini-Gansou of Benin, Miatta Maria Samba of Sierra Leone, Solomy Balungi Bossa of Uganda, and Haykel Ben Mahfoudh of Tunisia. Alapini-Gansou and Bossa are due to complete their terms on March 10, 2027, leaving a gap for new representation.
The geographical distribution of the candidates adds another dimension to the election. Africa has six candidates, with Kenya's Njoki Ndung'u and The Gambia's Veronic Wright representing East and West Africa, respectively. The election provides an opportunity to consider continued East African representation and reflect the continent's diverse legal traditions, languages, and judicial experience.
Key points
- The International Criminal Court is set to elect six new judges in December to serve nine-year terms beginning in March 2027.
- The election takes place against a backdrop of challenges for the ICC, including US sanctions and questions about internal governance.
- Africa has six candidates for the ICC judge positions, with Kenya's Njoki Ndung'u being a prominent contender.
