New judge elected to the International Court of Justice

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

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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International aid: ‘The money isn’t coming back anytime soon’, Fletcher warns

UN News: You have said that that policymakers who signed off on aid cuts should come to Afghanistan to see the effect they’re having on the population. You said the effect of aid cuts is that millions die. Do you use this kind of blunt language when you’re talking to these policymakers in private?

Tom Fletcher: Yes, I do. Of course, there is a bit of a time lag before you really see the impact of the cuts, but here, 400 clinics closed in the last few weeks. That has a real-world impact and it’s become much more real for me on this trip.

I’ve just come from a meeting with NGOs, and they’re laying off half their staff. The local NGO’s that we’re keen to protect in the midst of all this, have been the hardest hit.

We try and find different ways to communicate this in slightly gentler terms, but ultimately, of course, people will die as a result of these cuts.

That’s the great tragedy at the heart of it now.

UN News: How do the politicians respond?

I think there are broadly two camps here. You’ve got politicians who are doing this really reluctantly, forced to make really tough decisions because their economies are struggling and because of pressures from taxpayers to do things differently. They know the importance of humanitarian efforts and they’re very sad about the choices they’re having to make.

Then there is another group of politicians who, I fear, celebrate, certainly in their public messages. They seem to boast about – and take credit for – aid cuts. That’s the group that I would love to bring to sit with a mother who has lost her child because she was forced to cycle pregnant to a hospital three hours away.

You show leadership on the world stage by being out there helping countries to deal with these challenges at source. I don’t know which of those arguments work with which constituencies, so we have to adapt and be creative in how we make the case.

We also have to be firm in defending what we do and take pride in the fact that the humanitarian community has taken millions out of poverty and saved hundreds of millions of lives.

UN News: You’ve become the UN emergency relief chief at a particularly tough time, in terms of ensuring the UN’s ability to help the most vulnerable. In February you announced 20 per cent cuts to your department. How will you make those cuts in a way that doesn’t make the job even harder?

Tom Fletcher: It’s rough. Really brutal choices are being made and the sector will probably shrink by one third. The money that’s been cut isn’t going to come back anytime soon, and there may be more funding cuts ahead.

We will be looking for new partners, and trying to convince the sceptics to bring the private sector in and change the public conversation around solidarity. We have to work with the money that we have, not the money that we need or the money that we wish we had.

I’m really positive about the way that Marco Rubio, the US Secretary of State, has talked about the need to protect life-saving aid. 

Dialogue is going on, I’m not giving up and I’m really positive about the way that Marco Rubio, the US Secretary of State, has talked about the need to protect life-saving aid. I really want to get into that conversation with him and see what his vision is for America’s role in saving lives around the world.

UN News: Given the current situation, are we going to have to completely rethink what aid entails and how it’s funded?

Tom Fletcher: We’re going to have to change. We have to preserve the best of what we’ve learnt and have confidence in what we’ve delivered so far, but we’re going through a process now that we call the “humanitarian reset”.

First of all, we’re becoming smaller and we’re trying to do that in a way that does as little damage as possible and minimises the hit to the essential life-saving work we do.

Alongside that, we’re becoming more efficient and smarter. I launched on my first day in office, a big efficiency drive across the sector.

The IASC, the body that coordinates our sector, has backed that up and actually taken it to the next level in terms of taking the layers out of the system and making sure we end the turf wars and focus on what we each do well, the extra value we bring, and ensure that we do much more at a local level, close to the communities we serve.

The UN relief chief Tom Fletcher, visits a hospital in Kandahar, Afghanistan.

UN News: Do many Member States still believe in the importance of international aid?

Tom Fletcher: Absolutely. A number of donors are staying solid despite the funding crises that they’re all facing. We’ve got new donors emerging and growing. I’ve been in The Gulf, and I was in China last week, and engagement there is deepening.

We’ve got new donors emerging, and engagement is deepening

We’ve got more innovative ideas about how to bring in the private sector and also I believe really strongly in the role of individuals in finding ways to ensure that we’re reaching wider movement beyond governments and Member States.

UN News: Returning to Afghanistan, the de facto authorities [The Taliban] have severely reduced access to education and employment prospects for women and girls. Are you able to have a constructive discussion about this with the regime?

Tom Fletcher: Yes, we are. There are two really core issues here for us. One is the role of women in humanitarian work: we simply cannot deliver without them. They are brilliant, brilliant colleagues, we rely on them completely and we couldn’t be here without them.

And the second is the wider issue around rights for women and girls, including education and the fact that millions of girls have had that right stolen from them over the last three years.

These are difficult conversations, but I come at this as a former diplomat, as someone who believes in dialogue, who believes in respect and trust and listening, and in recognizing that we have different cultures, different traditions, different heritages and different beliefs that I don’t hold.

Tom Fletcher, the UN humanitarian meets women at an economic development programme in Afghanistan.

UN News: Before you began this job, did you have a goal in mind, that you want to achieve before the end of your mandate as the head of humanitarian affairs?

Tom Fletcher: The average head of OCHA lasts about three years, they burn through us pretty quickly. The travel schedule is very hectic and you’re dealing with the world’s worst crises so there’s a bit of wear and tear along the way.

It’s our job to save hundreds of millions of lives and to define everything we do against that yardstick.

So, my number one objective was to survive as long as possible, because I think it’s traumatic for an organization to get new people in, train them and have them up and running. Being around for a period of time, learning from the organization and from those we serve, and then putting that into action is a serious objective in itself.

I did come into it with an objective around the reform of the humanitarian sector, well before Donald Trump, Elon Musk and others started talking about efficiency and prioritization and cuts. I do believe that we can do this much more effectively and much closer to those we serve and so I was already determined to deliver that.

And then thirdly, the big one is ultimately about saving lives. I believe it’s our job to save hundreds of millions of lives and to define everything we do against that yardstick. 

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