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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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S Jaishankar calls Pakistan a “serial practitioner of terrorism” at UN

S Jaishankar criticised Pakistan at the UN General Assembly, referring to a “serial practitioner of terrorism” and warning against attempts to normalise terrorism.

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S Jayshankar

External Affairs Minister S Jaishankar criticised Pakistan during his address to the 81st session of the United Nations General Assembly in New York, saying that a “serial practitioner of terrorism” had misrepresented facts and that arguments were being made to normalise terrorism. 

Jaishankar’s remarks came a day after Pakistan Prime Minister Shehbaz Sharif addressed the UN General Assembly and spoke about the 2025 military confrontation between India and Pakistan.

Jaishankar’s message to Pakistan

Referring to Pakistan without naming it directly in that remark, Jaishankar said a “serial practitioner of terrorism” had misrepresented facts before the UN General Assembly.

He said arguments were being made to normalise terrorism and claim immunity from its consequences, adding that such an approach would not stand. 

Jaishankar reiterated India’s position that the country would exercise its right to defend itself against terrorism.

He also said that friendship and goodwill could not coexist with terrorism and that understandings based on such circumstances would naturally be called into question. 

“It is for the perpetrator of terrorism to mend its ways,” Jaishankar said.

India stresses zero tolerance on terrorism

Jaishankar described terrorism as a persistent threat to peace and called for governments involved in cross-border terrorism to be held accountable.

He also stressed that there should be no dilution in India’s zero-tolerance approach towards terrorism and particularly called for greater attention to its financial aspects.

His remarks came a day after Pakistan Prime Minister Shehbaz Sharif referred to the 2025 India-Pakistan military confrontation during his UN General Assembly address. 

Jaishankar backs two-state solution for Palestine

During his UN address, Jaishankar also spoke about the situation in West Asia and said India was prepared to contribute to efforts addressing food and energy security amid continuing tensions and violence.

On the Palestine issue, he reiterated India’s longstanding support for a two-state solution.

Jaishankar said India was also contributing humanitarian assistance and relief efforts for the Palestinian people.

He also warned about continuing threats and pressures around the world and stressed the need for greater stability, security and predictability.

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Trump rejects Iran’s 7-day peace plan, says deal can come after US polls

US President Donald Trump rejected Iran’s seven-day proposal to end hostilities and indicated that a deal could come after the US midterm elections in November.

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Donald Trump

US President Donald Trump has rejected Iran’s latest proposal aimed at bringing an end to the ongoing conflict, while indicating that a possible agreement could come after the US midterm elections in November.

Iran had proposed a seven-day framework under which hostilities could be brought to an end, the Strait of Hormuz could be reopened and negotiations over its nuclear programme could resume.

Iran’s seven-day proposal

Iranian Foreign Minister Abbas Araghchi said Tehran had put forward the proposal through intermediaries. Under the plan, the Strait of Hormuz would be reopened by the end of the seventh day if specified conditions were met, while broader nuclear discussions would restart.

The proposal was based largely on an earlier understanding reached between Washington and Tehran, but Iran sought to implement the latest framework much faster. The earlier arrangement had provided a longer period for negotiations.

The Strait of Hormuz is a strategically important waterway for global energy shipments, making its reopening a key element of any effort to ease the wider conflict.

Trump points to US midterm elections

Trump, speaking at the United Nations, showed no indication that he was ready to immediately resume negotiations on the terms proposed by Tehran.

He called for the economic isolation of Iran and said he believed a deal could be reached after the US midterm elections in November. Trump also said Iran was waiting to see how he performed in the midterm elections.

The remarks came as Iranian officials signalled that they remained open to diplomacy and described the UN General Assembly as an opportunity to revive negotiations.

Nuclear talks remain part of Iran proposal

Iran’s latest plan links the easing of hostilities with the resumption of negotiations over its nuclear programme.

The proposal follows the collapse of an earlier US-Iran arrangement. According to reporting on the latest proposal, the new framework is intended to compress the timeline for implementing commitments that had previously been discussed by the two sides.

For now, Trump’s remarks indicate that Washington is not accepting Tehran’s seven-day framework as presented, while Iran continues to put diplomacy and negotiations forward as part of its proposal.

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Iranian President Pezeshkian at UN says Iranians have been victims of US terrorism

Iranian President Masoud Pezeshkian said at the UN General Assembly that Iranians had been victims of US terrorism and insisted that Iran had acted in self-defence.

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Iranian President Masoud Pezeshkian accused the United States of subjecting Iranians to what he described as terrorism while addressing the United Nations General Assembly on Wednesday.

Pezeshkian said Iran had defended itself against attacks and rejected the characterisation of the country as a terrorist actor. His remarks came during a rare wartime appearance at the UN as tensions between Iran and the United States remain high.

Pezeshkian accuses US and Israel of attacks

Speaking at the General Assembly, Pezeshkian said Iranian civilians had been targeted by attacks and described the actions against his country as aggression.

“We have only defended ourselves. We are not terrorists,” he said, according to the report.

Pezeshkian also accused the United States and Israel of attacking Iran, while maintaining that Tehran’s response was an act of self-defence.

The Iranian president displayed photographs of former Supreme Leader Ali Khamenei and more than 150 schoolchildren who, according to his account, were killed during the early days of the conflict.

Iran’s message at the UN

Pezeshkian’s address came against the backdrop of the ongoing conflict between Iran and the United States and heightened tensions in the region.

Iranian officials had indicated ahead of the UN visit that they intended to highlight what Tehran considers attacks against its people and raise concerns over the international response to the conflict.

The Iranian delegation’s visit to New York also comes amid restrictions imposed by the United States on the delegation’s movement and other aspects of its stay, according to reporting ahead of the address.

Pezeshkian says Iran defended itself

Pezeshkian’s central message at the UN was that Iran’s military actions should be viewed as a response to attacks rather than terrorism.

His description of the conflict and the allegations against the United States and Israel represent the Iranian government’s position. They should therefore be attributed to Pezeshkian rather than presented as independently established facts.

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