Article 12 NOMINATIONS
1. States Parties to the Protocol may each propose up to three candidates, at least two of whom shall be nationals
of that State.
2. Due consideration shall be given to adequate gender representation in nomination process.
Article 13 LIST OF CANDIDATES
1. Upon entry into force of this Protocol, the Secretary-general of the OAU shall request each State Party to the
Protocol to present, within ninety (90) days of such a request, its nominees for the office of judge of the Court.
2. The Secretary-General of the OAU shall prepare a list in alphabetical order of the candidates nominated and
transmit it to the Member States of the OAU at least thirty days prior to the next session of the Assembly of
Heads of State and Government of the OAU hereinafter referred to as “the Assembly”.
Article 14 ELECTIONS
1. The judges of the Court shall be elected by secret ballot by the Assembly from the list referred to in Article 13
(2) of the present Protocol.
2. The Assembly shall ensure that in the Court as a whole there is representation of the main regions of Africa
and of their principal legal traditions.
3. In the election of the judges, the Assembly shall ensure that there is adequate gender representation.
Article 15 TERM OF OFFICE
1. The judges of the Court shall be elected for a period of six years and may be re-elected only once. The terms
of four judges elected at the first election shall expire at the end of two years, and the terms of four more judges
shall expire at the end of four years.
2. The judges whose terms are to expire at the end of the initial periods of two and four years shall be chosen by
lot to be drawn by the Secretary-General of the OAU immediately after the first election has been completed.
3. A judge elected to replace a judge whose term of office has not expired shall hold office for the remainder of
the predecessor’s term.
4. All judges except the President shall perform their functions on a part-time basis. However, the Assembly may
change this arrangement as it deems appropriate.
Article 16 OATH OF OFFICE
After their election, the judges of the Court shall make a solemn declaration to discharge their duties impartially
and faithfully.
Article 17 INDEPENDENCE
1. The independence of the judges shall be fully ensured in accordance with international law.
2. No judge may hear any case in which the same judge has previously taken part as agent, counsel or advocate
for one of the parties or as a member of a national or international court or a commission of enquiry or in any
other capacity. Any doubt on this point shall be settled by decision of the Court.
3. The judges of the Court shall enjoy, from the moment of their election and throughout their term of office, the
immunities extended to diplomatic agents in accordance with international law.
4. At no time shall the judges of the Court be held liable for any decision or opinion issued in the exercise of
their functions.
Article 18 INCOMPATIBILITY
The position of judge of the court is incompatible with any activity that might interfere with the independence or
impartiality of such a judge or the demands of the office as determined in the Rules of Procedure of the Court.