Syed Akbaruddin’s ‘India vs UK’ may be a principal player’s account of the 2017 United Nations election for a seat on the Bench of the International Court of Justice (ICJ). It witnessed the Indian nominee, Dalveer Bhandari, prevail over Christopher Greenwood of the uk . Never before had a non-P5 candidate succeeded against a P5 nominee in an ICJ election. That made this election, which began within the traditional mode — a six-candidate contest for five seats — unique.
Akbaruddin was India’s Permanent Representative (PR) to the UN in ny at the time. therein capacity, he led the country’s UN Mission into this epic diplomatic battle. India’s policy establishment, politically led by Prime Minister Narendra Modi and External Affairs Minister the late Sushma Swaraj, and professionally by then Foreign Secretary S Jaishankar, worked flawlessly together to realize success.
In February 2016, merely six weeks into his assignment, Akbaruddin was quietly cautioned by a West African country PR that their Lebanese colleague, Nawaf Salam, had begun to campaign for his ICJ candidacy though the election was 20 months away. The diplomat may have assumed that India would contest the election for a term for Bhandari, its current ICJ judge, who, keep with convention, would be pitted against Salam. However, not only was this election not on India’s radar, there was no response to the Mission’s March 2016 regard to the Ministry of External Affairs about it for over a year.
By spring 2017, questions began to be asked within India’s ruling dispensation regarding Bhandari’s candidacy. By this point , it had been really late to start a campaign. Besides, India was focused on the victory of its nominees in elections to the law of nations Commission and therefore the International Tribunal on the Law of the Seas. These were also slated for the November 2016-17 cycle. So, Akbaruddin with the support of Sushma Swaraj pointed to the difficulties in putting up Bhandari. All this changed with the choice to require Kulbhushan Jadhav’s case to the ICJ in May 2017. Now with the importance of getting a permanent Indian judge within the Court becoming clear, it had been decided to nominate Bhandari.
The ICJ election is extremely complicated and both the UN Security Council and therefore the General Assembly are involved. Akbaruddin explains the method succinctly. Initially, India’s chances were bleak as many countries had pledged support for others. Extensive lobbying improved Bhandari’s position. However, no clear strategy appeared in view till a Caribbean diplomat suggested to Akbaruddin to specialise in the overall Assembly. He pointed to a precedent where an ICJ candidate lagged behind within the UNSC but succeeded due to far greater support within the UNGA. After detailed examination, Akbaruddin realised that the trail to victory lay through the Assembly.
The handicap of the late start meant that India couldn’t overcome the Salam challenge or the opposite candidates, aside from Greenwood. These four had the firm support of their groups, which voted tactically to push favourites over the finish line and pulled down others. This resulted in four of the six being declared elected and a straight contest between India and therefore the UK for the fifth seat.
The UK began with the advantage of precedent; its judge and of other P5 countries were virtually always on the ICJ Bench. But within the UNGA, there was a current against P5 privilege. Many looked to India to not concede or compromise. As an impasse developed — the united kingdom had a majority within the UNSC and India increasing support within the UNGA — British , especially with the support of the US, resorted to intrigue and undemocratic methods. When this was failing, they tried to supply a compromise. it had been here that India’s leaders relied on Akbaruddin’s advice that the support within the UNGA would translate into victory.
‘India vs UK’ grips a reader as would a classic of the fictional thriller genre. And Akbaruddin covers the historic election’s phases, rules, nuances, surprises brilliantly.
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