1. The Court shall consist of fifteen members, no two of whom may be nationals of
the same state.
2. A person who for the purposes of membership in the Court could be regarded as
a national of more than one state shall be deemed to be a national of the one in which
he ordinarily exercises civil and political rights.
Article 4
1. The members of the Court shall be elected by the General Assembly and by the
Security Council from a list of persons nominated by the national groups in the
Permanent Court of Arbitration, in accordance with the following provisions.
2. In the case of Members of the United Nations not represented in the Permanent
Court of Arbitration, candidates shall be nominated by national groups appointed for
this purpose by their governments under the same conditions as those prescribed for
members of the Permanent Court of Arbitration by Article 44 of the Convention of
The Hague of 1907 for the pacific settlement of international disputes.
3. The conditions under which a state which is a party to the present Statute but is
not a Member of the United Nations may participate in electing the members of the
Court shall, in the absence of a special agreement, be laid down by the General
Assembly upon recommendation of the Security Council.
Article 5
1. At least three months before the date of the election, the Secretary-General of the
United Nations shall address a written request to the members of the Permanent
Court of Arbitration belonging to the states which are parties to the present Statute,
and to the members of the national groups appointed under Article 4, paragraph 2,
inviting them to undertake, within a given time, by national groups, the nomination
of persons in a position to accept the duties of a member of the Court.
2. No group may nominate more than four persons, not more than two of whom shall
be of their own nationality. In no case may the number of candidates nominated by
a group be more than double the number of seats to be filled.