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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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Latest world news

UK condemns security breach at Jaishankar meeting in London

The UK Foreign Office has strongly condemned the security breach involving S Jaishankar in London, emphasizing swift police action. India has urged the UK to take stricter measures against pro-Khalistani elements.

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UK police securing area after security breach involving S Jaishankar

The United Kingdom has strongly condemned the security breach involving India’s External Affairs Minister S. Jaishankar in London. The UK Foreign Office asserted that the Metropolitan Police acted promptly to address the situation and warned that any attempts to “intimidate and threaten” are unacceptable.

A pro-Khalistani protester attempted to breach security barricades and shouted anti-India slogans outside Chatham House, where Jaishankar had attended an interactive session at the Royal Institute of International Affairs. The foreign minister, who was on the other side of the road, remained unharmed.

Swift police action

In response to the incident, UK authorities emphasized their commitment to security and law enforcement. “The Metropolitan Police acted swiftly to address the situation,” sources from the UK Foreign Office stated. They further condemned the act and reassured cooperation in diplomatic security matters.

A video circulating on social media showed a man attempting to break through the police cordon and block Jaishankar’s motorcade. However, the individual was quickly apprehended by officers on duty.

India’s response

India has expressed strong disapproval of the incident, stressing that host nations must uphold their diplomatic responsibilities. “We condemn the provocative activities of this small group of separatists and extremists,” Ministry of External Affairs (MEA) spokesperson Randhir Jaiswal said.

“We deplore the misuse of democratic freedoms by such elements. We expect the host government in such cases to fully live up to their diplomatic obligations,” Jaiswal added.

This is not the first instance of Khalistani groups attempting to disrupt Indian diplomatic missions in the UK. In March 2023, protesters pulled down the national flag at the Indian High Commission in London, which led India to summon the senior-most British diplomat in Delhi, demanding an explanation for the “absence of security.”

India urges UK to take action

Following the latest security breach, India has once again urged the UK government to take action against separatist elements operating from British soil. The ongoing activities of pro-Khalistani groups in the UK remain a point of contention between the two countries, with India pressing for stricter measures to curb such incidents.

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Latest Science News

NASA astronaut Sunita Williams describes her longest space mission as an emotional rollercoaster

Sunita Williams’ planned eight-day mission turned into a nine-month space stay due to technical faults in Boeing’s Starliner spacecraft. NASA now confirms her return on 19 March.

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Sunita Williams

NASA astronaut Sunita Williams is finally preparing to return to Earth after an unplanned nine-month stay in space. Originally intended to be an eight-day mission, her journey stretched unexpectedly due to technical difficulties with Boeing’s Starliner spacecraft.

Williams, along with fellow astronaut Butch Wilmore, embarked on the mission in June last year aboard Boeing’s new Starliner capsule. This marked the spacecraft’s first crewed flight. However, technical malfunctions surfaced upon their arrival at the International Space Station (ISS), prompting NASA to deem the capsule unfit for their return. Consequently, the agency opted to send the spacecraft back without any passengers, leaving Williams and Wilmore in space indefinitely.

NASA confirms return schedule

With multiple delays over the months, NASA had to wait for a safe alternative. Now, with the upcoming launch of SpaceX’s Crew-10 mission on 12 March, their replacements will finally arrive at the ISS. The returning astronauts, including Williams, are scheduled to depart on 19 March in an older SpaceX capsule.

Emotional and mental challenges of prolonged space stay

Speaking during a press conference, Williams reflected on the challenges of an extended mission. She described the experience as “an emotional rollercoaster,” emphasizing the difficulty of being away from family for such an extended period.

While the ISS provides astronauts with an extraordinary perspective of Earth and space, the psychological toll of isolation and uncertainty has been a significant challenge. Williams’ return will mark the end of an unexpectedly long and complex mission, highlighting both the rewards and difficulties of human spaceflight.

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Latest world news

US Supreme Court rejects Trump’s bid to avoid paying USAID contractors, beneficiaries

Justice Samuel Alito, leading the dissenting conservative justices, criticized the ruling, calling it a reward for “an act of judicial hubris” and arguing that it imposes a $2 billion burden on American taxpayers. Alito contended that Judge Ali lacked the authority to mandate such payments.

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The U.S. Supreme Court on Wednesday upheld a federal judge’s authority to order the Trump administration to pay $2 billion to contractors of the U.S. Agency for International Development (USAID) but stopped short of requiring immediate payment. The 5-4 decision rejected an emergency application filed by the Justice Department, which sought to block the order issued by U.S. District Judge Amir Ali.

Judge Ali had issued a series of rulings demanding the government release funds that President Donald Trump froze through an executive order targeting what he called wasteful foreign aid programs. While the Supreme Court’s decision is a temporary setback for the Trump administration, the nonprofit organizations and businesses awaiting payment remain in limbo. One organization recently laid off 110 employees due to the funding freeze, according to court documents.

Justice Samuel Alito, leading the dissenting conservative justices, criticized the ruling, calling it a reward for “an act of judicial hubris” and arguing that it imposes a $2 billion burden on American taxpayers. Alito contended that Judge Ali lacked the authority to mandate such payments.

The Supreme Court’s decision leaves in place Ali’s temporary restraining order, which had paused the spending freeze. Judge Ali is scheduled to hold a hearing on Thursday to consider a more permanent solution.

The majority opinion, supported by Chief Justice John Roberts and Justice Amy Coney Barrett alongside the court’s three liberal justices, noted that the Trump administration had not challenged Ali’s initial order but only the deadline for compliance, which has already passed. The court instructed Ali to clarify the government’s obligations under the temporary restraining order, taking into account the feasibility of compliance timelines.

Justices Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh joined Alito in dissent.

The Trump administration argued that the situation had evolved since the initial freeze, as it replaced the blanket spending halt with individualized assessments. These assessments led to the cancellation of 5,800 USAID contracts and 4,100 State Department grants, totaling nearly $60 billion in aid.

The funding freeze was implemented following an executive order by President Trump, who criticized foreign aid programs as wasteful and misaligned with his foreign policy objectives. The subsequent lawsuit alleged that the freeze violated federal law and disrupted critical, life-saving programs abroad.

Judge Ali initially ordered the temporary restoration of funding on February 13. However, after nearly two weeks of non-compliance, he set a deadline for the government to release payments for work already completed. The administration appealed, calling Ali’s order “incredibly intrusive and profoundly erroneous” and objecting to the timeline for releasing the funds.

The Supreme Court’s decision underscores the ongoing tension between the judiciary and the executive branch over the administration’s foreign aid policies. While the ruling affirms the judiciary’s role in overseeing executive actions, the delay in payment leaves contractors and aid organizations grappling with financial uncertainty.

As the legal battle continues, the fate of billions of dollars in foreign aid remains unresolved, with significant implications for global humanitarian efforts and U.S. foreign policy.

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