Bhandari’s win could spell hope for Jadhav
ing of humiliation.
Britain has always had a representative on the court, which is based in The Hague, since 1946, as have other permanent members of the UN Security Council under an unwritten arrangement. The understanding is not dissimilar in nature to the one that has allowed the US and Europe to lead World Bank and International Monetary fund respectively.
From I ndia’s perspective “that’s an important given that needs to be challenged”. One official said the battle was about “prestige” and once this “matter of prestige” was changed, others would follow. Such as the permanent membership of the Security Council. Indians were generally pleased with the way the contest turned out “despite all that has been thrown at us” by the rival and cohorts, especially other members of the permanent club that could be hard to pin in a secret ballot.
Bhandari began the Monday contest winning the general assembly 110-79, 113-76, 111-79, 118-72 and, finally, 121-68, clearly showing which way the general body, and the world, was going and decisively. But he dropped one vote in the Security Council from last week to lose 5-9, but kept the line there.
The election was adjourned to be resumed at a later date. NEWDELHI: The outcome of India’s effort to secure a second term for Dalveer Bhandari at the International Court of Justice (ICJ) could have a significant impact on the case of Kulbhushan Jadhav, sentenced to death by a Pakistani military court.
Bhandari, who was elected to his current seat in 2012, appeared to be better placed than his British rival on Monday but the complicated election process involving the UN General Assembly and Security Council remains deadlocked. If for some reason, India fails in its efforts to secure Bhandari’s re-election, it will have to go through the process of nominating an “ad hoc judge” to the 12-member ICJ tribunal that is hearing the case of Jadhav, whose death sentence was put on hold by The Hague-based court.
Article 31 of the ICJ’S statute states that if the panel includes “a judge of the nationality of one of the parties, (the other) party may choose a person to sit as judge”. An ad hoc judge can also be cho- sen if the panel includes “no judge of the nationality of the parties”, according to the article. In October, Pakistan nominated former chief justice Tassaduq Hussain Jillani as its ad hoc judge in the panel that will resume hearing Jadhav’s case in December.
Experts believe India could be at a disadvantage if Bhandari does not get re-elected as there may not be an Indian representative on the tribunal at a crucial stage when the panel begins considering the “memorials” or written submissions made by New Delhi and Islamabad on Jadhav. India submitted its memorial in September while Pakistan has time till December 13.
The ICJ has asked Pakistan not to go ahead with the execution of Jadhav, accused of involvement in spying and subversive activities, till it gives its final ruling. The Pakistan Army said last month its chief is close to a decision on Jadhav’s mercy petition.
India has dismissed the charges against Jadhav, saying the former naval officer was kidnapped from Chabahar port, where he was running a business.
United Nations Security Council members cast their vote during a meeting on the election of five members of the International Court of Justice, at the UN headquarters in New York.