Page:United States Statutes at Large Volume 59 Part 2.djvu/387

 TREATIES in alphabetical order of all the persons thus nomi- nated. Save as provided in Article 12, paragraph 2, these shall be the only persons eligible. 2. The Secretary-General shall submit this list to the General Assembly and to the Security Council. Article 8 The General Assembly and the Security Coun- cil shall proceed independently of one another to elect the members of the Court. Article 9 At every election, the electors shall bear in mind not only that the persons to be elected should in- dividually possess the qualifications required, but also that in the body as a whole the representation of the main forms of civilization and of the prin- cipal legal systems of the world should be assured. Article 10 1. Those candidates who obtain an absolute majority of votes in the General Assembly and in the Security Council shall be considered as elected. 2. Any vote of the Security Council, whether for the election of judges or for the appointment of members of the conference envisaged in Article 12, shall be taken without any distinction between permanent and non-permanent members of the Security Council. 3. In the event of more than one national of the same state obtaining an absolute majority of the votes both of the General Assembly and of the Security Council, the eldest of these only shall be considered as elected. Article 11 If, after the first meeting held for the purpose of the election, one or more seats remain to be filled, a second and, if necessary, a third meeting shall take place. [59 STAT. Article 12 1. If, after the third meeting, one or more seats still remain unfilled, a joint conference consisting of six members, three appointed by the General Assembly and three by the Security Council, may be formed at any time at the request of either the General Assembly or the Security Council, for the purpose of choosing by the vote of an absolute majority one name for each seat still vacant, to submit to the General Assembly and the Security Council for their respective acceptance. 2. Ifthejointconferenceisunanimouslyagreed upon any person who fulfils the required condi- tions, he may be included in its list, even though he was not included in the list of nominations re- ferred to in Article 7. 3. If the joint conference is satisfied that it will not be successful in procuring an election, those members of the Court who have already been elected shall, within a period to be fixed by the Security Council, proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assem- bly or in the Security Council. 4. In the event of an equality of votes, among the judges, the eldest judge shall have a casting vote. Article 13 1. The members of the Court shall be elected for nine years and may be re-elected; provided, however, that of the judges elected at the first elec- tion, the terms of five judges shall expire at the end of three years and the terms of five more judges shall expire at the end of six years. 2. The judges whose terms are to expire at the end of the above-mentioned initial periods of three and six years shall be chosen by lot to be drawn by the Secretary-General immediately after the first election has been completed. 3. The members of the Court shall continue to 1056

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