The first election of the prosecutor took place on 21 April 2003, during the second resumption of the first session of the Assembly of States Parties in New York.

The second election of the prosecutor took place during the tenth session of the Assembly of States Parties in New York on 12 December 2011.

The third election of the prosecutor took place during the second resumed nineteenth session of the Assembly of States Parties in New York on 12 February 2021.

In its first ballot, Karim Ahmad Khan received 59 votes, Fergal Gaynor (Ireland) 47, Carlos Castresana Fernández (Spain) 12, and Francesco Lo Voi (Italy) 5.

Fergal Gaynor received 42 votes, Carlos Castresana Fernández 5, and Francesco Lo Voi 3.