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Justice Dalveer Bhandari Votes for ICJ Measures Against Israel

Courtesy/By: PARAM SAKET SARANG | 2024-05-27 20:09     Views : 170

Justice Dalveer Bhandari Votes for ICJ Measures Against Israel

Introduction

Indian judge Dalveer Bhandari of the International Court of Justice (ICJ) decided in favour of fresh interim remedies mandating Israel to immediately stop its military activities in the southern Gaza region of Rafah. The governorate's border crossing had to be opened by the court to facilitate the immediate delivery of supplies. The purpose of this action is to handle the humanitarian situation and guarantee that the impacted population receives the necessary supplies. The International Court of Justice's decision highlights how important it is to facilitate humanitarian aid and how concerned the international community is about the safety of people in crisis areas. Along with most justices, Justice Dalveer Bhandari had called on Russia to immediately stop its military activities in Ukraine. Justice Bhandari supported the majority in the 13-2 ruling in 2022, with the Chinese and Russian justices voting against it.

Thirteen judges voted in favour of the ruling, and two against. Along with Justice Bhandari, American Judge Sarah Cleveland also voted in favour of ending Israel's military action in Rafah. The only two judges who dissented from the decision were retired Israeli judge Aharon Barak and Ugandan judge Julia Sebutinde. According to Gaza's civil defence organization, overnight Israeli bombings in Rafah have left forty Palestinian refugees dead after their tents were set ablaze. The Arab world has condemned the attack.

 

About Justice Dalveer Bhandari

  • Renowned Indian jurist Justice Dalveer Bhandari is a member of the International Court of Justice (ICJ). He was born in Jodhpur, Rajasthan, on October 1, 1947, and has had a distinguished legal career in India and abroad. After completing his legal studies at Jodhpur University, he continued his studies at Chicago's Northwestern University School of Law.
  • Throughout his legal career in India, Bhandari has held positions as a judge at both the Bombay High Court and the Rajasthan High Court. After being promoted to the Supreme Court of India in 2004, he made a substantial contribution to the growth of Indian jurisprudence there till his retirement in 2012.
  • Bhandari became the third Indian to occupy this esteemed post when she was chosen as an International Court of Justice judge in April 2012. The fact that he was re-elected in 2017 demonstrated both his competency and the trust that the world community had in his judicial talents. He has participated in several well-known cases in the ICJ, showcasing his dedication to preserving international law and justice.
  • Judge Bhandari's recent vote in support of temporary measures to stop military operations in Gaza and Rafah and guarantee the flow of humanitarian supplies is proof of his well-known support for human rights, the rule of law, and humanitarian causes. His contributions to international law have improved India's standing among judges worldwide.
  • The rulings rendered by Justice Bhandari demonstrate his dedication to preserving the rule of law, justice, and human rights both domestically in India and abroad. His contributions to the defence of individual rights and legal principles have had a long-lasting influence.

 

Famous Judgement of Justice Dalveer Bhandari

  • In Indian Judiciary

  • State of Rajasthan v. Vishaka (1997):- Justice Bhandari is not the sitting judge, but she has made a substantial contribution to the legal discussion of gender justice. This historic ruling created policies to deal with sexual harassment in India's workplaces.
  • In the 2012 2G Spectrum Case (2012):- Justice Bhandari was a member of the bench that revoked 122 telecom licenses that had been issued in 2008. The decision was a crucial milestone in the battle against corruption and caused a huge upheaval in the telecom industry.
  • Right to Education Case (2012):- Justice Bhandari stressed the importance of providing free and compulsory education to children, underlining the state's obligation in this respect. The verdict ensured the execution of the Right to Education Act.

 

  • In the International Court of Justice

  • Jadhav Case (India v. Pakistan, 2017):- Judge Bhandari was a member of the panel that gave Pakistan the order to halt Kulbhushan Jadhav's execution. Jadhav is an Indian citizen. The International Court of Justice (ICJ) emphasized the value of diplomatic ties and human rights when it ordered Pakistan to grant Jadhav access to consular facilities and guarantee a fair trial.
  • Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and Nuclear Disarmament (Marshall Islands v. India):- Claims that India did not carry on its commitments about the nuclear disarmament talks. The International Court of Justice decided that the application was outside of its jurisdiction.
  • Advisory Opinion on Chagos Archipelago (2019):- Judge Bhandari agreed with the advisory conclusion that the Chagos Archipelago's separation from Mauritius did not legally complete the country's decolonization. The importance of decolonization and self-determination was emphasized by this viewpoint.
  • Rohingya Genocide Case (The Gambia v. Myanmar, 2020):- Justice Bhandari cast her vote in support of interim measures mandating Myanmar to stop genocide against the Rohingya people. The ICJ's responsibility in addressing abuses of human rights and preventing genocide was highlighted by this case.

 

Israel and Gaza War

 

  • Israel-Hamas War

At least 5,000 rockets fired by Hamas against Israel were launched from Gaza on October 7, 2023. Approximately 1400 Israelis were murdered in this, along with other Israeli troops and civilians—including women and children—who were kidnapped and carried to the Gaza Strip. A day later, Israel declared war on Hamas and carried out retaliation attacks. Approximately 2700 Palestinians had died and one million had been internally displaced as of October 15. Israel cut off Gaza's supply of gasoline, food, water, and power, which precipitated a serious humanitarian catastrophe in the area. While Hamas has urged the people of Northern Gaza to remain put, Israel has advised them to leave the area. Additionally, Israel and Hezbollah exchanged gunfire when Hezbollah terrorists launched missiles into Israel from Lebanon, to which Israel retaliated with airstrikes in Lebanon.

Israel's attack on Gaza has resulted in at least 35,984 Palestinian deaths and up to 80,643 injuries since October 7. 1,139 people have died in Israel as a result of Hamas's strike on that date, and many more are currently in detention.

 

  • More than 30’ killed in Rafah strike

The Israeli bombings that burned the tents of Palestinian refugees in Rafah overnight have left forty dead, according to Gaza's civil defence organization on Monday. The attack was denounced by the Arab world.

The Israeli army said that two top Hamas operatives had been killed in late Sunday airstrikes, hours after a missile attack on Tel Aviv, and that it was looking into claims of people being killed in a fire.

Strong protests were launched by Egypt, Jordan, Kuwait, and Qatar in response to the Israeli bombardment, and the latter country warned that it may "hinder" efforts to resume the ceasefire and hostage-release negotiations that had been put on hold since October 7.

"The massacre committed by the Israeli occupation army in the refugee tents northwest of Rafah city in the southern Gaza Strip has left 40 martyrs and 65 wounded," stated agency spokesman Mohammad al-Mughayyir.

Israel invaded Gaza in late October, but its ground forces are still engaged in combat with Hamas in Rafah and in the northern and centre regions where Hamas has reorganized.

The United States, Israel's greatest friend, has pushed all parties to pick up the cease-fire negotiations, and in recent days, efforts have been made to start new negotiations with US, Egyptian, and Qatari mediators.

 

  • Which issues divide Israelis and Palestinians the most?

The two parties are at odds on a variety of topics.

  • What ought to occur with Palestinian refugees?
  • Should Jewish colonies in the occupied West Bank remain there or be evacuated? Should Jerusalem be shared by both sides?
  • And—possibly the trickiest of all—whether or whether Israel should be accompanied by a Palestinian state

 

  • UNSC Calls for Ceasefire in Gaza Conflict

On March 25, 2024, the United Nations Security Council (UNSC) firmly called for an "immediate ceasefire" in the ongoing battle in Gaza, marking a significant development following more than five months of nonstop fighting. Amidst mounting tensions and humanitarian concerns, the resolution emphasised the pressing necessity of ending the hostilities that have afflicted the region, causing great suffering to civilians and worsening an already grave humanitarian crisis.

Notably, the UNSC added a critical humanitarian component to the resolution by demanding the release of all captives held by Hamas in addition to calling for a truce. In addition to putting an end to the bloodshed, this multipronged strategy addressed the condition of people who had been wrongfully imprisoned and emphasised the significance of respecting international law and human rights in times of war.

 

Conclusion

The International Court of Justice (ICJ) position that Justice Dalveer Bhandari holds demonstrates his commitment to humanitarian ideals and international law. His recent vote in support of temporary measures to stop Israeli military operations in Rafah and allow humanitarian supplies to enter the border emphasizes how important it is to solve humanitarian crises and guarantee civilian safety in areas of conflict. This choice is consistent with his respect for the rule of law and human rights, as demonstrated by his participation in the ICJ finding against Russia's military activities in Ukraine.

With deep historical, geographical, and political origins, the current confrontation between Israel and Gaza, which has resulted in numerous fatalities and a dire humanitarian situation, is still a very complicated matter. The terrible bombs in Rafah and other recent escalations have prompted universal outrage and brought attention to the pressing need for international engagement and peace initiatives. To address the humanitarian crisis and provide the circumstances for a long-term solution, the UN Security Council's demand for an immediate ceasefire and the release of captives is essential.

The efforts of Justice Bhandari and the response of the world community to the Gaza conflict demonstrate a wider dedication to respecting human rights and offering assistance during emergencies. His legal work continues to advocate for a society where justice and humanitarian ideals are paramount, and it has an impact on worldwide legal norms.

 

Reference

Courtesy/By: PARAM SAKET SARANG | 2024-05-27 20:09