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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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Amid India-Canada diplomatic tensions, Justin Trudeau shares video of his Diwali celebrations

This comes a day after India expressed its concern over the reports of cancelled Diwali celebrations in Canada.

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Amid the ongoing diplomatic tensions between Canada and India over the killing of Khalistani terrorist Hardeep Singh Nijjar, Canadian Prime Minister Justin Trudeau on Sunday shared a video of his Diwali celebration on social media platform X.

Sharing a 44-second video of his Diwali celebrations on social media, the Canadian Prime Minister wrote, “Happy Diwali! So many special moments shared celebrating with the community this week.”

This comes a day after India expressed its concern over the reports of cancelled Diwali celebrations in Canada.

The Ministry of External Affairs spokesperson Randhir Jaiswal on Saturday, while addressing the media over Canada’s serious allegation against Union Home Minister Amit Shah’s involvement in the killing of Khalistani terrorist Nijjar, said it was unfortunate that the prevailing atmosphere in Canada has reached high levels of intolerance and extremism.

In the video, Prime Minister Trudeau showed off some colorful religious threads on his wrists, explaining that he received them during visits to three Hindu temples in Canada recently. He called them symbols of “good luck” and “protection,” adding with a smile, “I’m not taking them off until they fall off”.

Trudeau was also seen interacting warmly with the community, celebrating the festival, and enjoying delicious Indian sweets like jalebis, which he jokingly said he would “save for the team.”

On November 1, Trudeau posted on X, “Happy Diwali! Today, Hindu, Sikh, Buddhist, and Jain families will celebrate the triumph of light over darkness with festivities, candles, diyas, and fireworks. Wishing you all joy and prosperity during this special time.”

Addressing a press conference in Delhi, Jaiswal said India condemns the recent allegations made by the Canadian government against Shah that he was purportedly involved in the killing of Nijjar and called it “absurd and baseless”.

Jaiswal also said that India had summoned the Canadian High Commissioner on Friday to protest in the strongest terms for the references made to the Union Home Minister of India before the Committee by Canada’s Deputy Foreign Affairs Minister David Morrison.

On Tuesday, Morrison claimed that Shah orchestrated a campaign of violence, intimidation, and intelligence-gathering aimed at Sikh separatists on Canadian soil. He informed members of Canada’s national security committee in Parliament that he had confirmed Shah’s name to The Washington Post, which was the first to report the allegations. However, Morrison did not provide details on how Canada became aware of Shah’s alleged involvement.

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India, China complete disengagement in Depsang, Demchok at LAC after 4 years standoff

The Indian Army said that coordinated patrolling will start soon by both sides, and the ground commanders will continue to hold talks.

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India, China complete disengagement in Depsang, Demchok at LAC after 4 years standoff

In a significant development, India and China have completed the disengagement exercise in the Depsang and Demchok friction points at the Line of Actual Control (LAC) in eastern Ladakh. The troops of both the countries are now verifying the vacation of positions and removal of infrastructure.

Reportedly, the Indian Army said that coordinated patrolling will start soon by both sides, and the ground commanders will continue to hold talks. The two sides will exchange sweets for Diwali tomorrow.

Earlier, Foreign secretary Vikram Misri announced that New Delhi and Beijing reached an agreement to disengage in the remaining friction points at LAC in eastern Ladakh. After the agreement, the two countries began troops disengagement at the two friction points at Demchok and Depsang plains on October 23.

India-China relations worsened because of the Chinese troops’ aggression along the Line of Actual Control, the de facto border, in April 2020. It further deteriorated on June 15, 2020, after 20 Indian soldiers died in the line of duty thwarting the Chinese offensive in the Galwan Valley. New Delhi had said India’s bilateral relations with China will normalise only after the situation at the LAC returns to what it was before May 2020.

Reports said that the Indian Army and the Chinese People’s Liberation Army (PLA) have pulled back their forward-deployed troops and equipment from the two flashpoints, and have also dismantled temporary structures that had been built during the four-year-long standoff.

The Indian soldiers will resume their patrolling in areas that had been cut off because of the PLA’s presence. Nonetheless, the disengagement in Depsang and Demchok will not lead to the creation of buffer zones.

Both the countries had disengaged from Galwan Valley, Pangong Tso, Gogra (PP-17A) and Hot Springs (PP-15) areas and created buffer zones. Speaking to a newspaper publication, Lieutenant General Vinod Bhatia (retd), a former director general of military operations said that the disengagement at Depsang and Demchok will facilitate patrolling by both sides in a coordinated manner, and in the agreed upon frequency and strength of the patrolling parties.

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Iran says 2 soldiers killed in Israeli air strikes

Emphasising Iran’s right to self-defense under the UN Charter, the Iranian Foreign Ministry highlighted its obligation to counter foreign aggression.

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The Iranian Army said on Saturday that two of its soldiers were killed in Israeli air strikes that targeted military bases.

Iran stated that its air defenses effectively countered the attack, resulting in the unfortunate deaths of two soldiers and some areas suffering limited damage.

The Israeli military conducted strikes on Iranian military sites after 2 am on Saturday, responding to what they cited as ongoing attacks by Iran and its allies in the region.

Following the strikes, the Israeli military announced they had successfully completed the mission and achieved their objectives.

The Israel Defense Forces (IDF) confirmed the precise targeting of military sites in Iran to neutralize immediate threats to Israel.

“I can now confirm that we have concluded the Israeli response to Iran’s attacks against Israel. We conducted targeted and precise strikes on military targets in Iran — thwarting immediate threats to the State of Israel,” the Israel Defence Force posted on X.

Iran’s air defense headquarters acknowledged the hits on bases in Ilam, Khuzestan, and Tehran but asserted that these attacks were effectively repelled, with investigations ongoing to assess damages. Moreover, Iran indicated its readiness to retaliate against any Israeli aggression, stating that Israel would face proportional consequences for its actions.

Iran expressed its intentions to respond to the Israeli attacks on its military bases, condemning the actions as a violation of international law and the UN Charter’s principles on the use of force.

Emphasising Iran’s right to self-defense under the UN Charter, the Iranian Foreign Ministry highlighted its obligation to counter foreign aggression.

Pakistan strongly condemned Israel’s strikes on Iran, attributing the escalation to Israel and urging the UN Security Council to intervene for peace and security.

British Prime Minister Keir Starmer emphasised that Iran should refrain from retaliating against Israel, advocating for restraint on all sides to prevent further escalation.

“I am clear that Israel has the right to defend itself against Iranian aggression. I’m equally clear that we must avoid further regional escalation and urge all sides to restrain. Iran should not respond,” the PM said at a Commonwealth Heads of Government Meeting.

The United States advised Iran to halt its attacks on Israel to cease the ongoing violence and break the cycle of conflict, underlining the importance of de-escalation.

“We urge Iran to cease its attacks on Israel so that this cycle of fighting can end without further escalation,” U.S. National Security Council spokesman Sean Savett told reporters.

President Joe Biden was briefed on the Israeli operation throughout its development and execution by his National Security Adviser, Jake Sullivan.

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