Article 4: Terms of Office of Members of the Court
1. Members of the Court shall be appointed to serve in such office for a period of five
years and may be eligible for reappointment for another term of five years only;
provided, however, that of the members of the Court appointed for the first time,
the terms of office of four members shall expire at the end of three years and the
terms of the other three members shall expire at the end of five years.
2.
The members of the Court whose terms are to expire at the end of the abovementioned initial periods of three and five years shall be chosen by lot to be drawn
by the Chairman of the Authority immediately after the first appointments have
been made.
3.
At the expiration of the term of a member of the Court, the said member shall
remain in office until the appointment and assumption of office of his successor.
Though replaced, he shall finish any cases which he may have begun.
4. In the absence of the President, or where it becomes impossible for the President to
continue to carry out his duties and functions, the Vice-President shall assume these
assignments of the President.
5. In the temporary absence of a member of the Court, another member shall be
nominated to replace him in accordance with the provisions of the Rules of
Procedure.
6. Where a member of the Court can no longer perform his duties, the Executive
Secretary shall inform Council thereof. Council shall then propose to the Authority
that a new member be appointed to replace him.
7.
In the event of gross misconduct, inability to exercise his functions or physical or
mental disability on the part of one of its members, the Court shall meet in plenary
session to take cognisance of the fact. The Court shall then draw up a report which
will be promptly transmitted to the Authority which may decide to relieve the
member in question of his post.
8. Where the President of the Court cannot participate in the proceedings of a given
case, he shall be replaced by the Vice President or where the latter is absent he shall
be replaced by another member of the Court appointed in accordance with the
Rules of Procedure of the Court.
9. Where a member of the Court cannot participate in the proceedings of a given case,
he shall inform the President of the Court who shall replace him with another
member of the Court for the purposes of that case.
10. Whenever the Vice-President or any member of the Court replaces the President in
accordance with the provisions of paragraph 8 of this Article, he shall exercise all the
authority and powers vested in the office of the President of the Court.
11. No member of the Court may exercise any political or administrative function or
engage in any other occupation of a professional nature.