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Dalveer Bhandari re-elected as the judge of ICJ

Bhandari has also served as the judge of Supreme Court of India

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The judge of the international court of justice.
Dalveer Bhandari got 121 votes in a 193 members assembly. IANS
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Arul Louis

United Nations, November 21

Judge Dalveer Bhandari was re-elected to the International Court of Justice (ICJ) on Tuesday as the General Assembly rallied behind him in a show of strength that made Britain bow to the majority and withdraw its candidate Christopher Greenwood.

“I am grateful to all the nations who have supported me,” Bhandari told IANS in the Assembly chamber after the election. “It was a big election as you know.” The withdrawal of its candidate by Britain, which had the backing of its fellow permanent members, was a setback for the Security Council that had been locked in a test of wills with the Assembly.

A candidate has to win a majority in both the chambers. Bhandari won majorities in the Assembly in the first 11 rounds of voting over two meetings, while the Council blocked his election by giving majorities to Greenwood in the ten rounds of balloting it held.

“The British ultimately had to bow down to the will of the majority,” a diplomat said. “The Indians stared them down.” The Council’s permanent members have traditionally had a judge in the ICJ, assuming it to be a matter of right. This time the 193-member Assembly asserted itself, forcing the Council to back down and put at risk the continuation of the ICJ perk of the permanent members.

In letters written to the Presidents Miroslav Lajcak of the Assembly and Sebastiano Cardi of the Council, Britain’s Permanent Representative Matthew Rycroft said that his country was withdrawing Greenwood’s candidature keeping “in mind the close relationship that the United Kingdom and India always enjoyed and will continue to enjoy”.

Bhandari’s election was a dramatic face-saving turn of fortunes for India, as he lost the Asian seat on the ICJ to Lebanese lawyer-turned-diplomat Nawaf Salam, who had been campaigning for two years and had the backing of the powerful Organisation of Islamic Cooperation with 55 members in the UN.

Bhandari got a second chance only because an unpopular Britain could not get an Assembly majority for a remaining judgeship requiring a runoff where the two chambers of the UN split in their voting.

Bhandari’s cause became a rallying point for the nations not a member of the Council, who were chafing under the domination of the unrepresentative Council to make a popular show of force.

India hammered home the representative character of the Assembly compared to the Council and insisted that the UN members follow democratic principles and re-elect Bhandari by accepting the global majority he has received in the Assembly.

In the last round of voting on November 13, Bhandari received 121 votes, just short of a two-thirds majority in the 193-member Assembly, while Greenwood received nine in the Council.

“The precedent is clear,” India’s Permanent Representative Syed Akbaruddin said at a reception for Bhandari attended by representatives of over 160 countries on Thursday.

“As is expected in the 21st century, the candidate who enjoys the overwhelming support of the General Assembly membership can be the only legitimate candidate to go through.” Diplomats familiar with behind-the-scenes manoeuvres said Britain indicated late last week that it would withdraw Greenwood, but over the weekend changed course with the backing of some fellow permanent members and came up with a plan for the Council to call for ending the balloting and set up a joint conference to resolve the deadlock.

The statutes of the ICJ provides for a joint conference made up of three members each from the Council and the Assembly to resolve a deadlock that persists after three election meetings.

India feared the outcome and campaigned resolutely to avoid it, pointing to the precedents in the elections in 2011 and 2014 and earlier when the candidate leading in the Council withdrew in favour of the candidate with the majority in the Assembly even though in those cases permanent members were not involved.

Bhandari’s election upsets what has become a traditional balance in the ICJ. Besides a permanent member going unrepresented, four Asian countries will be represented on the ICJ bench instead of the usual three.

Three incumbent judges of the ICJ — President Ronny Abraham of France, Vice President, Abdulqawi Ahmed Yusuf of Somalia, and Antonio Augusto Cancado Trindade of Brazil – were elected along with Salam in the first four rounds of voting on November 9.

Bhandari and the others elected will start their term in February next year. (IANS)

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UN Requests Trump Not to Quit Iran Deal

Under the deal, officially known as the Joint Comprehensive Plan of Action (JCPOA), Iran is committed to slashing the number of its centrifuges, which are machines used to enrich uranium.

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Trump has been a strong critic of the accord, in which Iran agreed to limit its nuclear programme in return for the lifting of sanctions.
Iran Flag, Pixabay

UN Secretary General Antonio Guterres has urged Donald Trump not to walk away from an international deal designed to prevent Iran acquiring nuclear weapons.

Speaking to the BBC, Guterres said there was a real risk of war if the 2015 agreement was not preserved.

Trump has been a strong critic of the accord, in which Iran agreed to limit its nuclear programme in return for the lifting of sanctions.

The US president has until May 12, to decide whether to stick with the deal.

Guterres told the BBC that the Iran agreement was an “important diplomatic victory” and should be maintained.

“We should not scrap it unless we have a good alternative,” he said, adding: “We face dangerous times.”

UN Secretary General Antonio Guterres has urged Donald Trump not to walk away from an international deal designed to prevent Iran acquiring nuclear weapons.
Donald Trump

It comes just days after Israel revealed “secret nuclear files” accusing Iran of having covertly pursued nuclear weapons.

US Secretary of State Mike Pompeo said the files provided proof that the Obama-era nuclear deal was “built on lies”, the BBc report said.

European allies France, the UK and Germany meanwhile have agreed that pursuing the current nuclear deal with Iran is the best way to stop it developing nuclear weapons.

In 2015, Tehran signed a deal with the US, China, Russia, Germany, France and Britain agreeing to limit its nuclear activities in return for the lifting of crippling economic sanctions.

Under the deal, officially known as the Joint Comprehensive Plan of Action (JCPOA), Iran is committed to slashing the number of its centrifuges, which are machines used to enrich uranium.

It is also meant to cut its stockpile of enriched uranium drastically and not enrich remaining uranium to the level needed to produce nuclear weapons.

Trump has frequently voiced his opposition to the “insane” deal, which he has described as the “worst ever”. Unless the European signatories to the deal and the US Congress addressed his concerns, he plans to withdraw on the next deadline for waiving sanctions.

Trump is unhappy that the deal only limited Iran’s nuclear activities for a fixed period (till 2025) and had failed to stop the development of ballistic missiles.

Also Read: Pompeo is Hopeful For the Change in the Course of History on the Korean Peninsula 

He also said it had handed Iran a $100bn windfall that it used “as a slush fund for weapons, terror, and oppression” across the Middle East.

Iranian President Hassan Rouhani has questioned the legitimacy of efforts by the US and France to change the nuclear deal with his country.

He has said that Iran “will not accept any restrictions beyond its commitments” to comply with international rules in the years ahead. (IANS)