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Justice Bhandari gets another term as judge at ICJ as Britain withdraws candidate

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Justice Bhandari gets another term as judge at ICJ as Britain withdraws candidate

[vc_row][vc_column][vc_column_text]After a long drawn, close contest, India’s nominee Justice Dalveer Bhandari got elected to the fifth and last remaining vacancy for a judge at the International Court of Justice (ICJ) on Tuesday (November 21) as United Kingdom’s (UK) Christopher Greenwood relented and withdrew.

India had re-nominated Justice Bhandari for another term at the ICJ this year when it realised, after Kulbhushan Jadhav’s case wa taken to the ICJ, that it was advisable to have a presence in the world court.

The ICJ consists of 15 judges, with five judges elected every three years for a 9-year term. Four judges had been re-elected to the ICJ but the fifth member could not be declared elected on Nov 9 as it remained deadlocked. The UN General Assembly (UNGA) voted for Bhandari 115/193 against 76/193 to Greenwood, while the Security Council (UNSC) vote went to Greenwood 9/15. To be elected, a nominee has to obtain a majority in both the UNGA and the UNSC. (See Box below)

The deadlock continued after a dozen rounds of voting and finally, the overwhelming UNGA support to India’s nominee forced Britain to withdraw its candidate from the race. Bhandari, 70, received 183-193 votes in the General Assembly and secured all 15 votes in the Security Council to fill the final vacancy. Britain is a permanent member of the UN Security Council, and that the other permanent members – US, Russia, France and China — were all rooting for Britain’s candidature. Perhaps India’s candidature was more acceptable to UNSC members than Britain’s was to majority of UNGA members.

Indian officials maintained that voting in the General Assembly which overwhelmingly favoured India is reflective of the new global order with its new alignments and power equations. There was pressure on India to withdraw its candidature in favour of UK, say analysts, but it was firmly put down. India ruled out any compromise and lobbied hard that the candidate who enjoys the overwhelming support of the General Assembly members can be the only legitimate candidate to go through.

For Britain it was a loss of face. This was the first time since the tribunal started in 1946 that the country lost a seat at the top table.

Others elected to the top table after four rounds of voting were Ronny Abraham of France, Abdulqawi Ahmed Yusuf of Somalia, Antonio Augusto Cancado Trindade of Brazil and Nawaf Salam of Lebanon.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text css=”.vc_custom_1511259928856{padding-top: 10px !important;padding-right: 10px !important;padding-bottom: 10px !important;padding-left: 10px !important;background-color: #dbdbdb !important;border-radius: 10px !important;}”]ICJ Election procedure

The General Assembly and the Security Council proceed, independently of one another, to elect five members of the Court.

To be elected, a candidate must obtain an absolute majority of votes both in the General Assembly and in the Security Council. The words “absolute majority” are interpreted as meaning a majority of all electors, whether or not they vote or are allowed to vote. Thus 97 votes constitute an absolute majority in the General Assembly and 8 votes constitute an absolute majority in the Security Council (with no distinction being made between permanent and non-permanent members of the Security Council).

Only those candidates whose names appear on the ballot papers are eligible for election. Each elector in the General Assembly and in the Security Council may vote for not more than five candidates on the first ballot and, on subsequent ballots for five less the number of candidates who have already obtained an absolute majority.

When five candidates have obtained the required majority in one of the organs, the president of that organ notifies the president of the other organ of the names of the five candidates. The president of the latter does not communicate such names to the members of that organ until that organ itself has given five candidates the required majority of votes.

After both the General Assembly and the Security Council have produced a list of five names that received an absolute majority of the votes, the two lists are compared. Any candidate appearing on both lists is elected. But if fewer than five candidates have been thus elected, the two organs proceed, again independently of one another, at a second meeting and, if necessary, a third meeting to elect candidates by further ballots for seats remaining vacant, the results again being compared after the required number of candidates have obtained an absolute majority in each organ.

If after the third meeting, one or more seats still remain unfilled, the General Assembly and the Security Council may form a joint conference consisting of six members, three appointed by each organ. This joint conference may, by an absolute majority, agree upon one name for each seat still vacant and submit the name for the respective acceptance of the General Assembly and the Security Council. If the joint conference is unanimously agreed, it may submit the name of a person not included in the list of nominations, provided that candidate fulfills the required conditions of eligibility to be a judge on the ICJ.

If the General Assembly and the Security Council ultimately are unable to fill one or more vacant seats, then the judges of the ICJ who have already been elected shall proceed to fill the vacant seats by selection from among those candidates who have obtained votes either in the General Assembly or in the Security Council. In the event of a tie vote among the judges, the eldest judge shall have a casting vote.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]Who is Justice Bhandari?

Justice Dalveer Bhandari (70) is a former judge of the Supreme Court of India and a former Chief Justice of the Bombay High Court. Hailing from a family of lawyers – his father Mahaveer Chand Bhandari and grandfather BC  Bhandari were members of the Rajasthan bar. He practised at the Supreme Court as a lawyer before being elevated as judge at the Bombay High Court.

He earned a Masters of Law from Northwestern University School of Law and worked at the Northwestern Legal Assistance Clinic and also practised for a while in Chicago courts on behalf of litigants of that clinic.

He has been a fellow of the Centre for Research in Chicago and his erudition led him to travel internationally. He was conferred the Doctor of Laws (LL.D) by Tumkur University, Karnataka.

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US urges calm after Pahalgam attack, seeks Pakistan’s cooperation in probe

In the wake of the deadly Pahalgam terror attack, the United States has called on India and Pakistan to exercise restraint, urging both nations to avoid escalation and focus on cooperation against terrorism.

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Amid heightened tensions in South Asia following the devastating terror attack in Jammu and Kashmir’s Pahalgam region that killed 26 civilians, the United States has urged India and Pakistan to exercise restraint and avoid further escalation. US Secretary of State Marco Rubio has made separate calls to Indian Foreign Minister S. Jaishankar and Pakistani Prime Minister Shehbaz Sharif, emphasizing the need for cooperation and regional stability.

US calls for collaborative counter-terrorism approach

Rubio expressed deep sorrow over the loss of lives in the Pahalgam attack, labeling it as “unconscionable,” and conveyed his solidarity with India. During his conversation with Jaishankar, he reiterated Washington’s commitment to combat terrorism in partnership with New Delhi. However, he also urged India to proceed with caution, especially in light of the accusation that Pakistan-backed elements were responsible for the attack.

Jaishankar, after the call, took to social media platform X, affirming that those behind the attack—whether perpetrators, planners, or backers—must face justice.

In his dialogue with Prime Minister Sharif, the US Secretary of State asked Pakistan to publicly condemn the April 22 attack and to cooperate fully with the investigation. He urged the resumption of direct communications between the two nations to prevent further deterioration of ties.

India-Pakistan ties sour post-attack

The terror outfit The Resistance Front (TRF), linked to the Pakistan-based Lashkar-e-Taiba, claimed responsibility for the Pahalgam assault. India has firmly blamed Pakistan, prompting swift diplomatic and administrative actions, including the suspension of the Indus Waters Treaty and revocation of Pakistani visas. The Wagah-Attari border has also been sealed.

In response, Islamabad has denied involvement and called for a neutral investigation. It also retaliated by closing its airspace to Indian carriers and engaging in border shelling. Pakistan’s defence ministry has warned of an impending Indian military operation, escalating fears of direct conflict.

Strategic ties influence US stance

While the US has expressed open support for India, including condemnations from President Donald Trump and Vice President JD Vance, it has refrained from criticising Pakistan directly. Experts note that India remains crucial to US Indo-Pacific strategy amid growing concerns over China, even as Pakistan’s relevance has declined post the US withdrawal from Afghanistan in 2021.

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PM Modi won’t attend Russia’s Victory Day celebrations in Moscow, confirms Kremlin

Instead, Defence Minister Rajnath Singh will represent India at the commemorative events marking the Allied victory over Nazi Germany in 1945.

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Kremlin spokesperson Dmitry Peskov announced on Wednesday, April 30, that Prime Minister Narendra Modi will not attend the 80th anniversary celebrations of Victory Day in Moscow next month.

Instead, Defence Minister Rajnath Singh will represent India at the commemorative events marking the Allied victory over Nazi Germany in 1945.

“India will be represented by Defence Minister Singh, not at the highest level,” Peskov stated, confirming that India had informed Russia of the decision well in advance. A source elaborated, “An invitation was extended to Prime Minister Modi for the Victory Day Parade in Moscow, but we conveyed that Minister Singh would attend on India’s behalf.”

Modi, who visited Russia twice in 2024 for an annual summit with President Vladimir Putin and the BRICS Summit in Kazan, is not expected to travel for the May 9 event. Meanwhile, Putin is slated to visit India later this year for the annual India-Russia summit, maintaining the tradition of high-level bilateral engagements.

The Moscow parade, held annually at Red Square, will see significant international participation, with Chinese President Xi Jinping confirming his attendance. Russia is preparing to host around 20 foreign leaders for the milestone anniversary.

In a statement reported by Russia’s state-run news agency on Tuesday, Putin reflected on the historical significance of the occasion: “On the Volga’s banks, our forces stopped and defeated the enemy, dealing a critical blow to the Nazi war machine. This turning point paved the way to Berlin and the Great Victory, which we will honor solemnly on May 9.”

Russia has also declared a ceasefire in Ukraine from May 8 to 10 to observe Victory Day, a gesture underscoring the event’s importance. The Victory Day celebrations, a major national event, commemorate the Soviet Union’s pivotal role in defeating Nazi Germany, culminating in the surrender on May 9, 1945.

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Mark Carney’s win sparks hope for India-Canada relations reset

Mark Carney’s rise as Canada’s Prime Minister brings a renewed focus on repairing ties with India, as both countries seek cooperation in trade, education, and diplomacy.

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Mark Carney’s ascension to the role of Canada’s Prime Minister has brought renewed optimism for a diplomatic thaw between New Delhi and Ottawa, a relationship that faced serious setbacks under former Prime Minister Justin Trudeau. Carney, a former central banker and political novice, made it clear during his campaign that rebuilding bilateral ties with India would be among his foreign policy priorities.

Carney signals intent to revive ties

In his pre-election statements, Carney emphasised Canada’s need to diversify trade partnerships with nations that share democratic values—explicitly naming India. He said, “There are opportunities to rebuild the relationship with India. If I am Prime Minister, I look forward to the opportunity to build that.”

This approach marks a significant departure from the Trudeau administration’s strained relations with India, especially following the high-profile controversy in 2023 involving the killing of Khalistani separatist Hardeep Singh Nijjar. The diplomatic crisis escalated with the expulsion of six Indian diplomats and reciprocal steps from India, effectively freezing high-level exchanges and trade talks.

The road to reconciliation

Under Trudeau, India frequently accused Canada of harbouring extremist elements within its Sikh diaspora. The Indian government viewed this as a threat to its sovereignty, particularly amid rising incidents of pro-Khalistan demonstrations abroad.

Mark Carney, however, has taken a more pragmatic view, underlining the importance of restoring diplomatic balance and mutual respect. His vision of Canadian sovereignty also extends to redefining international alliances, with a push toward reducing dependency on its largest neighbour—the United States—and strengthening partnerships like the one with India.

Economic and educational prospects

The Comprehensive Economic Partnership Agreement (CEPA) between the two nations, stalled due to the diplomatic fallout, may see a revival under Carney’s leadership. In 2023, services trade between India and Canada was valued at CAD 13.49 billion. Both countries had been exploring collaboration in emerging sectors like AI, green energy, and education.

India continues to be one of the largest contributors to Canada’s immigrant population, with nearly 2.8 million people of Indian origin living in the country. Carney is likely to continue the liberal immigration policies, particularly benefiting Indian students and professionals. Over 427,000 Indian students currently study in Canada, playing a crucial role in its economy and labour force.

A cautious but hopeful turn

Carney’s victory offers both countries a diplomatic opportunity to reset a troubled chapter. With mutual interests in economic growth, technological advancement, and geopolitical balance, the groundwork is being laid for a more collaborative future.

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