Tag Archives: court

New judge elected to the International Court of Justice

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Mahmoud Daifallah Hmoud was appointed following a parallel and independent voting process in the General Assembly and Security Council, conducted by secret ballot.

He will fill the vacancy left by former ICJ President Nawaf Salam of Lebanon, who resigned in January to become the country’s Prime Minister.

He will hold office for the remainder of Judge Salam’s term, which was set to end on 5 February 2027.

Absolute majority

Mr. Hmoud was the sole person vying for the slot and he was nominated by Egypt, Jordan, Romania, Slovakia and Sweden.

Candidates must secure an absolute majority in both the General Assembly and the Security Council, or 97 and eight votes respectively.

All 15 Council members voted in his favour while in the General Assembly, which comprises all 193 UN Member States, he received the support of 178 out of 181 countries who took part in the vote.  Three countries abstained.

Mr. Hmoud has been Jordan’s Ambassador to the UN in New York since September 2021 and his other postings include Legal Adviser and Director of the Legal Department in the Ministry of Foreign Affairs.

He is also a former chairman and member of the International Law Commission, a UN expert body that promotes the development and codification of international law.

The towers and gables of the Peace Palace, home of the International Court of Justice (ICJ) in The Hague.

The towers and gables of the Peace Palace, home of the International Court of Justice (ICJ) in The Hague.

The ‘world court’

The ICJ, informally known as the “world court”, settles legal disputes between UN Member States and gives advisory opinions on legal questions that have been referred to it by UN organs and agencies.

It has been in the spotlight following an advisory opinion, issued last July, which said that Israel’s occupation of the Gaza Strip and the West Bank, including East Jerusalem, “is unlawful.”

Last month, hearings began into Israel’s continuing restriction on the work of UN and other international agencies operating in Gaza and the occupied Palestinian territories (OPT).

The Court is composed of 15 judges who serve nine-year terms. Five seats come up for election every three years and there is no bar on consecutive terms.

Judges are chosen on the basis of their qualifications, not their nationality; however, no two judges can be from the same country.

The ICJ was established in June 1945 and is based at the Peace Palace in The Hague, a city in the Netherlands.

It is one of the six main organs of the UN – alongside the General Assembly, the Security Council, the Economic and Social Council (ECOSOC), the Trusteeship Council, and the Secretariat – and is the only one not based in New York.

Find out more about the ICJ and its role in global peace and security here. 

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International Criminal Court: Deputies take over amid Prosecutor misconduct probe

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In a statement on Monday, the prosecutors’ office confirmed that deputies Nazhat Shameem Khan and Mame Mandiaye Niang are taking the lead, ensuring continuity across all cases and operations.

The transition follows Prosecutor Khan’s announcement on 16 May that he would temporarily step aside while the UN Office of Internal Oversight Services (OIOS) conducts an external inquiry into the allegations.

The investigation into widely reported allegations of sexual misconduct is being conducted by the OIOS at the request of the ICC’s governing body. Mr. Khan has denied the allegations.

Although the ICC’s Independent Oversight Mechanism typically handles such matters, the OIOS was brought in given the circumstances of the allegations and perceptions of possible and future conflicts of interest.

Duty of care

The prosecutors’ office said it would fully cooperate with the investigation, while underscoring the need to protect the privacy and rights of everyone involved – emphasising the importance of safeguarding the integrity of the OIOS investigation.

“The Office is acutely aware of the duty of care it owes to all staff members and personnel, especially affected individuals,” the statement underscored.

Impartial and fair process

The Presidency of the Assembly of States Parties to the ICC – which elects the 18 judges – said on Sunday that the OIOS investigation was being carried out to ensure a full independent, impartial and fair process.

“The findings of the investigation will be handled in a transparent manner in accordance with the Rome Statute and the legal framework of the Court,” it noted.

Upholding ICC’s mandate

In assuming leadership, the Deputy Prosecutors underlined the importance of ensuring continuity of the office’s activities across all areas of work, and particularly in its mission to investigate and prosecute the most serious crimes – genocide, war crimes, crimes against humanity and the crime of aggression – with independence and impartiality.

Court in the spotlight

The Prosecutor’s leave of absence comes at a sensitive moment for the ICC, which is conducting investigations and prosecutions across multiple conflict zones, including Afghanistan, the Democratic Republic of the Congo, Libya, Sudan (Darfur) and Ukraine.

Last November, the ICC issued arrest warrants for senior Israeli officials, prompting the United States to announce punitive sanctions against the Court.

These include measures against senior personnel – including Prosecutor Khan – with threats of arrest should they travel to the US.

Relationship with the United Nations

The International Criminal Court (ICC) is an independent judicial body established under the Rome Statute, adopted in 1998 and in force since 2002. Although not part of the United Nations, the ICC works closely with it under a cooperative framework.

The UN Security Council can refer situations to the ICC, enabling the Court to investigate and prosecute most serious crimes. Notable referrals include the situations in Darfur, Sudan (2005) and Libya (2011).

In return, the ICC reports to the Security Council when needed involving referrals.

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World News in Brief: Deadly attacks in South Sudan and Ukraine, World Court rejects Sudan case, lifesaving aid in Yemen

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According to the UN relief coordination office (OCHA), the hospital in Old Fangak was struck early Saturday, killing seven civilians and injuring at least 20 more. The attack also destroyed vital supplies and forced the withdrawal of aid workers, leaving the town’s population without access to critical care.

“People in these areas are already battling flooding, food shortages and disease,” said Marie-Helene Verney, the UN’s acting Humanitarian Coordinator in South Sudan.

Too many lives at risk

“The destruction of critical health infrastructure and continued fighting puts innocent South Sudanese lives at risk.”

The bombing follows a wave of similar attacks in Upper Nile state, where health facilities in Ulang and Nasir have been targeted in recent months. The latest strike has heightened fears of renewed conflict as political and ethnic tensions rise nationwide.

The UN is now airlifting essential supplies to the area, but access remains limited. The violence has displaced over 130,000 people in the past two months, and aid agencies warn that South Sudan’s broader $1.7 billion humanitarian plan remains only 16 per cent funded.

Large scale attacks on densely populated cities across Ukraine

The UN’s top humanitarian official in Ukraine on Monday condemned a series of Russian strikes this weekend on densely populated towns and cities.

Between Friday and Monday, at least 12 people were killed and more than 100 others injured in attacks thar targeted Kharkiv, Kyiv and Cherkasy, and other regions in Ukraine.

These attacks also damaged homes, schools, a hospital and other civilian infrastructure, according to local authorities and partners, UN Deputy Spokesperson Farhan Haq told journalists in New York.

In the aftermath of the strikes, “humanitarian organizations provided first aid, psychosocial support, emergency shelter kits, repair materials, meals and drinks,” Mr. Haq said.

In the Kharkiv region, a fire triggered by a strike near the city of Izium on Sunday, burned 85 hectares of land and damaged over a dozen buildings. There were no casualties reported, Mr. Haq added.

Meanwhile, UN agencies alongside partners reached 600,000 people so far this year with first aid, medical transport, primary care and mental health support, including at transit centres for displaced people.

An IOM-supported health worker in Yemen accesses medical supplies.

Yemen: UN delivers lifesaving medical supplies

The UN International Organization for Migration (IOM) on Monday delivered critical medical supplies to seven health facilities in Yemen, where a collapsing health system and chronic shortages continue to endanger millions.

With support from the Government of the United Kingdom, IOM shipments are reaching hospitals and clinics in Aden, Lahj, Shabwah, Al Bayda and Sana’a – facilities serving both migrants and local communities.

“Every day, our teams see the impact of empty medicine shelves and overwhelmed clinics, on families and entire communities,” said Abdusattor Esoev, head of IOM in Yemen.

“By delivering essential supplies and supporting frontline staff, we are not just responding to urgent needs – we are keeping health services running for those who have nowhere else to turn.”

Crisis on crisis

The intervention comes amid an alarming health crisis.

Nearly 20 million people in Yemen require medical assistance in 2025, but over half of the country’s health facilities are only partially functioning or have shut down altogether. Funding gaps have left 382 facilities unsupported, forcing many to close or drastically cut services.

IOM’s assistance includes essential medicines, surgical equipment and infection prevention tools, as well as infrastructure repairs and support for health workers.

For many in the strife-torn country, IOM-supported clinics remain the only source of free medical care.

ICJ rejects Sudan’s genocide case against UAE

The International Court of Justice (ICJ) has rejected Sudan’s case accusing the United Arab Emirates (UAE) of complicity in genocide in Darfur, citing a lack of jurisdiction.

In the decision, the UN’s top judicial body ruled on Monday by a vote of 14 to two that it could not proceed with the case brought by Sudan under the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) and declined to impose any provisional measures, as Sudan had requested.

The Court also removed the case from its general list by a vote of nine to seven.

“Having come to the conclusion that it manifestly lacks jurisdiction, the Court is precluded from taking any position on the merits of the claims made by Sudan,” the ruling stated.

Complicity charge

Sudan had accused the UAE of backing the paramilitary Rapid Support Forces (RSF), alleging its support amounted to complicity in genocidal acts against the non-Arab Masalit population in West Darfur.

The conflict between the RSF and the Sudanese army has claimed thousands of lives and displaced over 12.7 million people since April 2023.

The Court noted that while it could not hear the case, all States remain bound by their obligations under the Genocide Convention.

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Israel’s restrictions on UN agencies in Gaza in spotlight at world court

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The ICJ, which sits in The Hague and is the UN’s top court, is expected to hear from 40 States and four international organizations in proceedings slated to last all week.

Representing Secretary-General António Guterres, UN Legal Counsel Elinor Hammarskjöld reiterated his many calls for a ceasefire, for humanitarian aid to reach all people in need and for all hostages to be freed.

A total of 13 UN entities are present in Gaza, Ms. Hammarskjöld noted, adding that 295 UN personnel have died in Gaza since the war began on 7 October 2023, following Hamas-led terror attacks in Israel.

Legal opinion

The UN legal counsel insisted on the special protections and immunities of UN agencies and personnel which it needs to implement its mandated activities all over the world, including in the OPT.

These protections also apply during armed conflict, Ms. Hammarskjöld said, before highlighting Israel’s obligations as the occupying power under international law.

“The overarching obligation [is] to administer the territory for the benefit of the local population and “to agree to and facilitate relief schemes”, she said “In the specific context of the current situation in the OPT, these obligations entail allowing and facilitating all relevant UN entities to carry out those activities for the benefit of the local population.”

The purpose of the hearings at the ICJ all this week is to establish what’s known as an “advisory opinion” on Israel’s obligations as the occupying power in Gaza and the wider OPT, in accordance with the UN Charter.

It follows a vote at the UN General Assembly in December where Member States voted 137 to 12 to seek the view of the ICJ’s 15 judges, amid ongoing Israeli bombardment and dramatic aid shortages across Gaza.

Although the ICJ judges’ advisory opinion is not binding – as opposed to the legal disputes between countries on which it rules (so-called “contentious cases”) – it provides clarity on legal questions.

Once the court has issued its opinion, the General Assembly would be open to pick up the matter again and decide on further action.

UNRWA shut out

Welcoming the hearings, the head of the UN agency for Palestine refugees, (UNRWA) Philippe Lazzarini, insisted that aid agencies were working “to address overwhelming needs”.

The UNRWA Commissioner-General explained that the Israeli Parliament’s widely condemned “no-contact” policy banning any coordination with UNRWA official have obstructed the delivery of essential relief services and aid.

The move is particularly significant because UNRWA is the largest aid agency in Gaza, where it has provided health, education and other vital public services for decades.

But since these restrictions came into effect at the end of January, UNRWA international staff have not received visas to enter Israel, Mr. Lazzarini said.

Inside Gaza, meanwhile, ordinary Gazans continue to face desperate food shortages linked to the 2 March decision by Israel to seal the enclave’s borders.

“Today people are not surviving in Gaza, those that aren’t being killed with bombs and bullets are slowly dying,” said Jonathan Whittall, local Head of Office for the UN aid coordination wing, OCHA. He insisted that humanitarian agencies are unable to meet soaring needs following Israel’s decision to cut all commercial and relief supplies.

“People here are being suffocated,” he maintained. “What we see around us is endless suffering under a total and complete blockade. A total closure that’s now lasted for almost two months while airstrikes, ground operations are intensifying and displacement orders that are pushing people out of their homes are increasing.”

Witness statements

The following Gaza testimonies have been provided by UNRWA:

Mona, a grandmother living in an UNRWA shelter in Gaza City:

“We only eat one meal a day, I go to sleep thinking about what we will eat tomorrow and how we will provide…I have enough flour for several days. I try to preserve it by making small loaves so that it lasts for a few more days. When children get hungry, I give them my loaf. I no longer take medicine, even if it is available, because treatment requires good food, and that is not available now.”

Wafaa, whose oldest child is seven and whose youngest is three, speaking from an UNRWA school in Gaza City:

“I have two cans of beans, some cans of peas, two cans of chickpeas, some duqqa (a spice mix), and a few kilos of flour that will only last for four days…The flour is mouldy and smells bad, but I can’t complain. When will this nightmare end?”

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Delhi HC directs former BJP Rajya Sabha MP Subramanian Swamy to vacate govt bungalow

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New Delhi, Sep 14 (IANS) The Delhi High Court on Wednesday directed former BJP Rajya Sabha MP Subramanian Swamy to hand over the possession of his government bungalow to the estate officer within six weeks.

Citing security reasons, Swamy, who was the former Union Minister, was allotted the government accomodation in the Lutyens zone by the cabinet committee on January 15, 2016 for a period of five years.

He was knocking the doors of the high court seeking re-allotment of the accommodation citing ‘continuing security threats’. His Rajya Sabha term came to an end in April 2022.

The Centre opposed his plea arguing that the accommodation was required to be given to other ministers and MPs.

parliament

Hearing Swamy’s plea, Justice Yashwant Varma observed that the original allotment was made for a period of five years and there was no material to show that the applicant required the allotment of the government bungalow as per his claims.

“The Court further directs the petitioner to ensure that the possession in question is handed over to the estate officer concerned within a period of six weeks from today,” the court said, while disposing of the plea.