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India’s Victory at the International Court of Justice is the World’s Challenge to the Status Quo

Manak Suri

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For the past week, both the Indian and British media have rigorously covered the story of the re-election of India’s justice Dalveer Bhandari to the bench of judges in the International Court of Justice on Tuesday, November 21. That the Indian judge retained his position on the bench was not the sole reason for the story’s extensive coverage; his reappointment combined with the fact that it happened at the expense of the United Kingdom’s spot on the bench is why the story is making so many rounds… and no, that many Indians may see it as some sort of a comeback against Britain’s 200 years of colonial rule over the country is not the reason why it matters. It matters because this is the first time since 1946 that the UK has no judge on the ICJ bench, and that signals possible changes in the way international bodies govern and are governed. So what does this mean for India, for the UK and for the world at large?

The International Court of Justice

The International Court of Justice or the ICJ was established in 1945 by the United Nations as its principal judicial branch and is located in The Hague, Netherlands. Its job is to settle legal disputes between states that are submitted to it and give advisory opinions on legal questions referred to it. The court comprises of a total of 15 judges that are elected to 9 year terms by way of voting from both the United Nations General Assembly (UNGA) and the United Nations Security Council (UNSC) separately. One third of the court is re-elected every three years, and no two judges of the same nationality may assume positions on the bench simultaneously. However, the rule that led to the deadlock between the candidates from India and UK is that a candidate must obtain an absolute majority in both the UNGA and the UNSC in order to be elected to the bench.

UN General Assembly vs UN Security Council: The Race in Numbers

On November 9 and November 13, in seven rounds of voting justice Bhandari secured between 110 and 121 votes from a total of 193 in the UNGA against figures between 68 and 79 secured by his British counterpart Sir Christopher Greenwood. However, among the UNSC, justice Bhandari lost out by 5 votes to 9 in favour of Sir Greenwood. In the face of uncertainty, the UK then pushed for a ‘joint conference’ under the rules of the court between the UNSC and the UNGA. Under the ‘joint conference’ three countries from each side then determine the name for the court. However, the rules do not mention the procedure to select these countries and understandably so, since the option was last invoked in 1921. Fearing not enough support from the council, criticism for invoking the charter, and harming its friendly as well as economic relations with India, the UK eventually chose to not follow through with the process and withdrew its candidature for the post. In the end, India secured the seat with a total of 183 votes out of 193 at the UNGA and all 15 at the UNSC.

There is More to the Victory than Meets the Eye

The result means different things for the parties involved and also for the balance of power and influence between countries. For the UK, there are hardly any positives to take away from this result amid already turbulent times. Many in the British media have viewed this loss as ‘a blow to British international prestige’ and the country’s acceptance of a diminishing role in global affairs. This was the UK’s second major defeat at the ICJ after it lost a vote by a margin of 94 to 15 countries in June when the UNGA voted in favour of referring the question of decolonisation and self-determination of the Chagos Islands in the Indian Ocean to the ICJ, which is currently under its control. Many within and outside the country have also been quick to blame Brexit for the situation in which they find themselves today, arguing that the other states, especially the ones within the European Union would have been less willing to snub the UK had the UK chosen not to leave the alliance. In the face of defeat, British diplomats have continued to maintain that they are happy that their close friend India has won, but have also not been shy of hiding their natural disappointment at their own loss.

For India, their victory in having a judge win the contest in getting elected to the ICJ bench against a permanent member of the UNSC is more symbolic than anything else. It reinforces India’s image at the highest stage as a major emerging global player and its ability to bring in greater reforms that push for more involvement from developing countries and emerging economies. Also, having a judge on the ICJ bench gives India an edge over Pakistan in the case involving former Indian Navy Officer Kulbhushan Jadhav who has been sentenced to death by a Pakistan military court on the charges of espionage. True, a judge on the ICJ does not represent his/her country or their interests. However, as suggested by repeated criticism the court receives for being biased in favour of the states who appoint the judges, having a judge on the panel is certainly an asset for any country, no matter what the rules dictate on paper.

The most important takeaway from the whole episode far exceeds the ambitions of just the two countries and a race for a seat at the ICJ. India’s victory at the court reinforces the belief that power does not necessarily reside or has to reside with the ‘few global elite’, a sentiment which was expressed clearly when most member states of the UNGA backed India’s justice Bhandari to be re-elected against the choice of the permanent members or P5 of the UNSC. There seems to be an acknowledgment among the member states of the UN of the beginning of a change which sees an increasing shift in the balance of power away from the traditional powers of the world or the P5 – Britain, China, United States, Russia, and France. Of these countries, China was the only member to not have a judge on the ICJ between 1967 and 1985 till the final decision last week, when they were joined by the UK in the list. Last year, Russia was voted off the United Nations Human Rights Council. In the 2016 elections, France lost out on securing a position in the International Law Commission. While diplomats at the UN continue to maintain that there are no winners and losers here, that it is all part of a bigger picture, these developments undoubtedly mark diplomatic victories for the Group of 77 or the G77, a coalition of developing nations at the UN that have constantly pushed for an enhanced negotiating capacity. What remains to be seen is just to what extent they bring about a change in the status quo.

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A student of economics with a keen eye for developments in the geopolitical sphere, Manak is a curious individual with a penchant for writing about anything that makes him ponder long enough.

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Humanity Endures During Coronavirus Pandemic

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Photo by Press Information Bureau, Government of India

The world changed exponentially since the pandemic broke out. We changed too. Emotions are running high. We have learnt to take one day at a time and have stopped expecting changes to happen overnight.

“COVID19 is menacing the whole of humanity – and so the whole of humanity must fight back”
A clarion call from United Nations Secretary-General António Guterres is a call to unity and solidarity. Already plagued by natural/manmade disasters and wars, many countries seem to bite the dust for want of resources in the fight against the virus. Warning each other against complacency is appreciable but never a blame game to cover up a dysfunctional response. Not all update themselves on the governments, new economic policies and R&D on Covid vaccine. Many we come across seem to be making wise individual choices. No matter how badly the tiers of government fail us, there will always be thousands of people working to make things better. Besides, finding reasons and faults on policies for the spread doesn’t help. A virulent strain of flu had managed to spread within a few months to the remotest corners of the world infecting half a billion people – more than a quarter of the human species in 1918 long before the current age of globalization.

Separating, alienating and forswearing the endless moments of contact that knit society together thrust us into frightening new realities. The good is still there. Social distancing is nothing but taking a step back to literally give breathing space to others. Going by news & views, we understand that amid concerns of rising numbers of positive cases in frustrating circumstances, acts of kindness and solidarity are burgeoning. Yes, it’s been extremely sad and sobering to watch this all unfold, but watching people share resources and supporting one another in every conceivable way has made us feel more connected to our local communities. Whether singing a song together out on balconies, getting groceries for the elderly or calling a friend to alleviate anxiety and fear, each one I know play a part and take comfort in a sense of togetherness. We are steadily aware of our limitations yet don’t hesitate to free our wells of compassion. Do we think twice and thrice to make an online contribution to save the lives of people we don’t know and will never know!

Sadly, it has taken an invisible virus to help us belive once again that we are strongest only when we have the welfare of others in our mind. Halfway through quarantine and self-isolation a phone call, a kind word, an opportunity to reach out, a breeze, bird calls, one good news and loss of a loved one, we are hit with the necessary humility and awe we ought to feel and appreciate just how beautiful our world is and precious life is.

Post pandemic recovery will be better and bigger if life goes on with this beautiful idea, of humility, inwardness – as an ethical relationship, for the sake of others. For better or for worse, we have learnt that one can’t be an island unto himself. Lives are intertwined and are bound together. We, humans produce more rubbish than any other species. The growth in the human population is part of the explanation, but cannot account for all of the extra rubbish, a result of haste and greed both which almost skinned humans of humanity.

Unity among countries must ensure that all countries are equipped to trace, isolate and treat people infected by COVID-19. Only a global effort can avoid the collapse of any country’s medical system. Sanctions that affect health care should never be imposed. Development in one part of the world should not rob another country of it’s resources. Humanity gains the upper hand over invisible predators through the sharing of reliable scientific information, global solidarity, vaccinations, antibiotics, improved hygiene and a much better medical infrastructure. Today,it doesn’t take too much to figure out that global sharing and caring is the best defense. The Jing Si aphorism, “Good actions require everyone’s cooperation. So let’s not cling to personal biases” holds good for all times.

Stories of good samaritans are aplenty. To know humanity is still alive and kicking and is at it’s best when united assures us that we’ll come out of this “abnormal” time with a new normal. In their own unique ways, humans respond to protect life and health and ensure respect for fellow beings. ‘single-nucleotide polymorphisms’ are no joke. From handing over meals, survial kits, medicines, home made masks to calling on an old couple across the street, everything is humanity in action and it is the power of this humanity – humane behaviour towards other humans – that we seek to celebrate, improve and increase, especially during crucial times. Remember “A person with a generous heart and compassion for all beings leads the most blessed life”.

With thousands of migrant workers taking it on their chin, vehicles filled with food and ration along highways reach the needy and stranded and canteens serve free food. Rays of sunshine! We see through hypocrisy and deceptions, hear excuses for inefficiency, inadequacy and inflexibility and within the tumult and uncertainty we are doing much, much better in life than we thought we can. Quietly. Kindly. Gently. Being able to spare a part of us to help someone live is worth being thankful for. ” Giving with an expectation for return brings misery”. May we give generously, but don’t guilt ourselves if we can’t. If we have nothing left to spare, let’s go slow and kind.

The world is being taught a lesson, the harder way. This lesson is not about rich and powerful versus poor and powerless but about leadership that treasure the common wealth and common good, above private greed and profit and above protecting the privileges of a handful elites.

None of us are actually going anywhere. Might as well stay. The conclusion we draw from this crisis is that all humans matter equally, that we need to give a hand, raise one another, flourish or perish together- no matter what our limitations are, we’re capable of a great deal. This virus backlash is nothing short of a fleeting lesson to all leaders about how sane, humane societies should function all the time. Those who regard themselves as wonderfully favored of leadership, power and pelf are called to do great things. Anything that constantly arise to cause conflicts or disunion must be questioned, criticized, denounced and judged.

Be it a forced contemplation of our mortality or a sudden urge of self denial or an awareness of the passage of time and life, this screeching halt is proof that humans are designed to be more productive when connected, even in isolation. So, not all hope is lost. The time has come when we must know for ourselves why we believe in humanity as we do.

“Do something good for somebody today; the people who are trying to make the world worst aren’t taking days off.”

Gestures to honor humanity are varied, aplenty. A flypast in India is a cruel joke on the already tumbling down economy and on the selfless humanitarians who spare nothing to reach out. We can only wish the trail of showered petals, if showered will guide the departing victims of COVID19. Flying past/over ground realities is a highly irresponsible act of governments. Also, a misuse and mismanagement of meagre resources.

Was it a premonition that urged saint Thiruvalluvar, celebrated Tamil poet and philosopher to get on with kural 578 which when translated into English goes as

” The world is theirs (Kings) who are able to show kindness, without injury to their affairs, (administration of Justice).

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Congress’s Electoral Enervation

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BlakeShramster / CC BY-SA

Lately, the Grand Old Party of India has been suffering from severe political lacerations. It is bleeding profusely but it still refuses to recognize and feel the pain of its grisly wounds. The Congress party is obstinately practicing political podsnappery and this is further eviscerating its relevance. Slowly and steadily, its ideological roots are being chipped away. We are witnessing a kind of dilemmatic democratic party, which is strangulating in the ever-shifting tectonic plates of Indian politics. The fresh act of defection by Jyotiraditya Scindia foregrounds the ideologically weak aura which now surrounds the Congress.

In every period of its history, a particular type of ideological encrustation surrounded the Congress and illuminated its charm among the Indian voters. This ideology rooted it firmly in a vast network of ideologies. This ideology, for the most part, has been secular and liberal and acted as a strong bulwark against a xenophobically framed anti-secular strategy. But now, this prodigious party has shrunk to a miniscule group. This cataclysmic contraction has happened primarily due to the elitist imagery to which it was tethered. Congress’s political rivals portrayed it as an inherently elitist group by harping on its corruption scandals like the Satyam Scam, Coal Scam, Chopper Scam, Adarsh Scam and Tatra Truck Scam. All this overemphasis on the financial impurity of the Congress led to the citizens believing that the Congress party is an aristocratic admixture of kleptocracy and bogus secularism.

The political dynasticism of the Congress further solidified this elitist imagery and soon, Congress became the ‘suit, boot ki Sarkar’. The usage of the aforementioned epithet successfully established the presence of the Congress party as a technocratic liberal party, accustomed to high-handed bureaucratic methods of administration. The attribute of a ‘pro-people party’ was snatched away from the Congress and it was represented as a technocratic group, largely unconnected from the material conditions of the citizens.

Apart from the political and financial palm-greasing, the Congress has also been disemboweled due to its confounding ideological quagmire. The Grand Old Party is stuck in a regal fort, where it is continuously wavering between a secular strategy and a thinly-veiled contrivance of religious pandering. It has already flip-flopped on its ideological plank by pitching Rahul Gandhi as a religious leader which actually backfired because people at once understood that he had suddenly become a synthetically Hinduized leader.

And now, it is lending its support to the Anti-CAA protests and has all of a sudden, arrived like a knight in shining armor, chaotically shouting secular slogans. Opportunistic acts like these cause severe trust deficit and the party incurs widespread odium for its electoral opportunism. So, due to the Congress’s ideological shilly-shally, its attempt to provide guidance to the Anti-CAA protests is seen as a crude act of politically hijacking the protests. To say succinctly, the Congress has been utterly passive in reacting to some major political events and has not even tried to extend its sinews to drag itself out from the quicksand of financial dissoluteness and ideological vacillation.

Due to all the above mentioned iniquitous inadequacies, Congress is withering and losing its elephantine presence on the electoral platform. This is the most appropriate time for the Congress to recognize its Achilles heel and try to overcome this deficiency. The defection of Jyotiraditya Scindia highlights the fact that now, an ideological string no longer ties any Congress member and the party needs to alter its highly feudal organizational structure which is identical to a form of royal structure, based on monarchical munificence. The Congress party can utilize the following remedial measures to perform the medical operation which is indispensable for it to regain its health.

Constitutional Struggles

It should try assiduously to interconnect itself with the common masses and change its political behavioral pattern by staging what can be called ‘constitutional struggles’. These constitutional struggles will essentially be democratic demonstrations, aiming to recover the lost sheen of the constitution. These protests should be able to blend constitutional patriotism with a Gandhian non-violent idea of struggle. In this way, the Congress party would be successful in politically fructifying its vast receptacles of historical significance and will harmonize its history as a torchbearer of freedom with the present calamitous conditions. One important reason behind the need to make Mahatma Gandhi the vanguard of Congress’s recuperation struggle is the vast space which he occupies in the collective imagination of the Indian citizens. By spotlighting Gandhi, the Congress party can easily initiate a resistance movement whose objective will be to find the Gandhian truths in this age of political prevarications and fabrications.

Change Organizational Configurations

The Congress party needs to change its organizational configurations. The sybaritic structure of dynasticism should be superseded by a bottom-up approach which is decentralized. The present organizational architecture is extremely centralistic and all the members of the Congress party are seen as the supine members of a sycophantic entourage, revolving around the singular nucleus of nobility, which has invariably been the Gandhi family. The senior members of the Congress party such as Ghulam Nabi Azad, Ahmed Patel and Manmohan Singh are depicted as the servile stooges of the Gandhi family who possess an unbreakable fidelity to the dynastic autocracy of the Congress party. The congress leadership is also currently rudderless. During the elections, it played the role of a dabbler. After Indira Gandhi, all the Gandhis (Except Sanjay Gandhi) were reluctant politicians. They were compelled because the Nehru – Gandhi name was associated with the party. All these aspects of party functioning need to be radically changed so that non-Gandhi members are not seen as mere appendages of the supposed undisputed overlord which is the Gandhi family. (3) A coherently unified ideological political programme needs to be built. The lumbering party is in a state of delirium and is unable to properly specify its political stance. It should solidly settle this predicament by choosing to continue with its former political posture as a truly secular and democratic party, committed to constitutional values. If this operation is not undertaken, the Congress will be finally consigned to the political graveyard, where it will die with its shambolic ideological structure.

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5 Ways to Strengthen Sibling Bond

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Blood is always thicker than water. This is one of the most appropriate proverbs one can find.

Blood relations always prove to be the most important and everything fades away when it comes to your own blood. Sibling bond is one of the closest bonds one can have.

During childhood any child with a sibling can understand that bond and feel the closeness on that bond. In Spite of endless fights, disagreements, siblings love each other the most and are very protective of each other.

It is very easy to maintain this bond while you are younger and living together, the challenge comes to maintain that bond while you grow up and start moving towards your own social and domestic life. Here are some tips how you can strengthen your sibling bond while still handling your work, social and domestic life:

1. Plan Holidays Together:

Make a pact that every year you all will get together and plan a holiday either with family(if married) or just all the siblings together. it will make sure that you are taking time out for yourselves and not getting faded in everyday life.

2. Have a Private Group Chat:

Siblings can make sure that you all initiate private group chats and make sure you share your everyday routine, happiness, problems etc in order to keep everyone in the loop of your life.

Group chat makes sure that you are catching up on each other on an everyday basis and is a constant part of each other’s lives.

3. Send Gifts to Each Other:

Siblings can plan to send each other gifts on different occasions that will help in building a close relationship with each other. Sometimes, it is possible your sibling might be based far away or in a foreign country. There are so many online platforms available where you can send a gift to your siblings whether its online birthday cake delivery or online rakhi delivery etc. everything is available on online portals.

4. Help each other in Reaching Goals:

Siblings are the most important people who can push you towards your goal. Siblings can encourage each other towards what is the best course to take for a bright future. Sometimes a sibling can recognise your potential much faster than you yourself can. Thus it is important that you share your goals and aspirations and listen to each other in order to go forward in your life.

5. Cultivate Friendship:

It is very important that siblings should cultivate not only sibling bonds but become best friends and should be able to confide in each other. This is only possible if they work on developing only  siblings but a friendship bond. A good friendship will ensure that it becomes very easy for siblings to communicate with each other and discuss any issues they might face. It is important that the friendship is of a level that when one sibling needs help they should reach their sibling in the very first course.

So, these were some tips that can strengthen your singing bond. If you follow these tips, you can make sure that you will become best friends with your siblings and will have a great relationship despite a life of your own.

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