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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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India News

India-Ukraine pacts: PM Modi, President Zelenskyy sign 4 agreements to boost cooperation in agriculture, food, pharma, culture

On his visit to the Martyrologist Exposition, PM Modi said that he was deeply hurt.

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Prime Minister Narendra Modi and Ukraine President Volodymyr Zelenskyy on Friday (August 23) signed four agreements to boost cooperation between India and Ukraine in agriculture, food industry, medicine, culture and humanitarian assistance.

Earlier, PM Modi began the historic visit to the Ukrainian capital Kyiv under the shadow of war to hold talks with President Zelenskyy.

It is the first-ever visit to Ukraine by an Indian prime minister after Ukraine became independent in 1991, and his trip comes amid Kyiv’s fresh military offensive in Russia’s western Kursk region.

“President Zelenskyy and I had very productive discussions in Kyiv today. India is eager to deepen economic linkages with Ukraine. We discussed ways to boost cooperation in agriculture, technology, pharma, and other such sectors. We also agreed to further cement cultural linkages”, PM Modi said in a post on X.

PM Modi also had discussions about the ongoing conflict. He said, “It is of topmost importance that peace be maintained. A peaceful solution to the conflict is best for humanity.”

The Prime Minister emphasised that India has not remained neutral in the Russia-Ukraine conflict, asserting that the country has consistently supported peace.

During his meeting with Ukrainian President Zelenskyy in Kyiv, Modi reiterated India’s stance that dialogue and diplomacy are the only means to resolve the conflict and expressed India’s readiness to contribute actively to peace efforts.

On his visit to the Martyrologist Exposition, PM Modi said that he was deeply hurt. He said, “Truth is the first casualty of a war. I feel that innocent children are the first casualties of war.”

“Today is a historic day for the relationship between India and Ukraine because an Indian PM has visited Ukraine for the first time. Tomorrow is your National Day, and I, on behalf of the 140 crore Indians, congratulate you all,” PM Modi said during his meeting with Zelenskyy.

PM Modi thanked Zelenskyy for providing help during the initial stage of Russia-Ukraine war. He said: “You provided a lot of help in evacuating the Indian students who were trapped here. I, on behalf of the 140 crore people of the nation, would like to thank you for this.”

Additionally, External Affairs Minister S Jaishankar disclosed that the bilateral discussions between Modi and President Zelenskyy primarily focused on the war in Ukraine.

Jaishankar also mentioned that both leaders have directed the Intergovernmental Commission, co-chaired by Minister Kuleba and himself, to concentrate on revitalizing trade and economic relations, with plans for an early meeting by the end of the year.

He highlighted the historic nature of PM Modi’s visit to Ukraine and expressed hope for President Zelenskyy’s future visit to India. Furthermore, India demonstrated solidarity by providing 22 tonnes of medical support equipment to Ukraine, reinforcing its ongoing humanitarian aid to the conflict-affected nation.

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In Ukraine, PM Modi says conflict is particularly devastating for children

Later, PM Modi along with President Zelensky paid homage at the Martyrologist Exposition in Kyiv.

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In his historic visit to war-torn Ukraine, Prime Minister Narendra Modi on Friday said that conflict is particularly devastating for young children.

Prime Minister Modi met Ukraine President Volodymyr Zelensky with a warm hug and handshake in Kyiv today. Later, PM Modi along with President Zelensky paid homage at the Martyrologist Exposition in Kyiv.

“President Zelensky and I paid homage at the Martyrologist Exposition in Kyiv. Conflict is particularly devastating for young children. My heart goes out to the families of children who lost their lives, and I pray that they find the strength to endure their grief”, PM Modi said in a post on X.

“Today in Kyiv, Prime Minister Narendra Modi and I honored the memory of the children whose lives were taken by Russian aggression. Children in every country deserve to live in safety. We must make this possible” post Ukraine President on X.

Earlier in the day, PM Modi paid tributes to Mahatma Gandhi at Kyiv. “The ideals of Bapu are universal and give hope to millions. May we all follow the path he showed to humanity”, PM Modi said.

PM Modi and President Zelensky are scheduled to hold both one-on-one and delegation-level talks with a focus on finding a negotiated settlement to the Russia-Ukraine conflict.

PM Modi arrived in Kyiv from Poland aboard a “Rail Force One” train, which took around 10 hours, for the second and final leg of his two-nation trip. His visit to Ukraine comes nearly six weeks after his high-profile trip to Russia, during which he held extensive talks with Russian President Vladimir Putin, largely with a focus on ending the conflict.

In June, PM Modi met with President Zelensky on the sidelines of the G7 summit in Italy’s Apulia. During the meeting, he assured the Ukrainian President that India would continue to support a peaceful resolution to the Ukraine conflict through dialogue and diplomacy.

PM Modi also emphasised India’s belief in a human-centric approach to resolving the conflict. Additionally, President Zelensky invited the Prime Minister to visit Kyiv during their discussion.

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Bangladesh Chief Justice Obaidul Hassan steps down after ultimatum from student protestors

The protests started after Hassan called for a full court meeting with all justices from both divisions of the Supreme Court.

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The Chief Justice of the Supreme Court in Bangladesh, Obaidul Hassan, decided to step down in principle following intense pressure from protesters surrounding the Apex Court of the country, as per the reports.

The 65-year-old judge tendered his resignation after consulting President Mohammed Shahabuddin today evening, as per the Bangladesh newspaper.

The protests erupted when Hassan called for a full court meeting with all justices from both divisions of the Supreme Court. The protesting students interpreted the convening of the full court meeting as a judicial coup and declared a siege of the High Court premises.

Amid student protests, Chief Justice Hassan decided to postpone the meeting and subsequently announced his intention to step down. Hassan, who was appointed just last year and was considered a loyalist to ousted Prime Minister Sheikh Hasina, was given a one-hour ultimatum to resign.

The Bangladesh Bank Governor, Abdur Rouf Talukder, has also submitted his resignation, although it has not been accepted due to the significance of the position. This was stated by finance ministry adviser Salehuddin Ahmed, who stated that the importance of the position was a determining factor.

Notably, several deputy governors were compelled to resign in the days leading up to this, following accusations of corruption by 300 to 400 bank officials.

The protests, which are part of the broader unrest that precipitated Hasina’s departure, have resulted in over 450 deaths, including numerous police officers. Allegations against Hasina include murder, forced disappearance, money laundering, and corruption, asserting that a senior member of the Bangladesh Nationalist Party Amir Khosru Mahmud Chowdhury said she must face the law.

The police union has declared a strike, refusing to resume work until their safety is ensured, contributing to the complexity of the situation.

Since Monday, Hasina has been taking refuge in New Delhi, but she plans to return to the country and participate in elections, according to reports. Furthermore, this week witnessed the vandalism of numerous homes and businesses belonging to Bangladesh’s minority Hindu community, prompting hundreds of them in northwest Bangladesh to attempt to flee to neighboring India.

In the midst of this turmoil, Bangladesh’s interim leader, Muhammad Yunus, made an appeal for religious unity as he consoled the grieving mother of a student who was fatally shot by police – a poignant moment in the mass protests that brought an end to Sheikh Hasina’s 15-year rule.

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