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Instruments of the AU
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 SecretaryGeneral 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 parttime 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.
Article 19: Cessation of office
1.
A judge shall not be suspended or removed from office unless, by the
unanimous decision of the other judges of the Court, the judge concerned has
been found to be no longer fulfilling the required conditions to be a judge of
the Court.
2.
Such a decision of the Court shall become final unless it is set aside by
the Assembly at its next session.
Article 20: Vacancies
1.
In case of death or resignation of a judge of the Court, the President of
the Court shall immediately inform the Secretary-General of the Organization
of African Unity, who shall declare the seat vacant from the date of death or
from the date on which the resignation takes effect.
2.
The Assembly shall replace the judge whose office became vacant
unless the remaining period of the term is less than one hundred and eighty
(180) days.
3.
The same procedure and considerations as set out in articles 12, 13 and
14 shall be followed for the filling of vacancies.