RP loses bid for seat in International Court of Justice

MANILA, Philippines - The Philippines has lost in its bid to get a seat in the International Court of Justice (ICJ), with the country’s lawmaker-candidate yielding to a Somalian following a tough fight. According to a statement by the Philippine Mission to the United Nations (UN), Senator Miriam Defensor-Santiago "came in strong during the initial voting in the morning but had to yield the fifth and final seat in the ICJ to Somalia during the fourth round of balloting early in the evening." Abdulqawi Ahmed Yusuf of Somalia came through in the fourth and final round of balloting on Thursday. Under ICJ rules, a candidate must obtain the absolute majority of votes of both the 15-member Security Council and the 192-member General Assembly to be declared a winner. The ICJ is composed of 15 judges who are elected for a nine-year term. To ensure continuity, five judges are elected every three years. The ICJ, which is the principal judicial body of the UN based in The Hague, The Netherlands, decides legal disputes between states and issues advisory opinions on legal questions referred to it by specialized agencies of the UN. Elected during the first round of balloting in both the General Assembly and the Security Council were Christopher Greenwood of the United Kingdom, Ronny Abraham of France, Antonio Augusto Cancado Trindade of Brazil and reelectionist Awn Shawkat Al-Khasawneh of Jordan. Ambassador Hilario G. Davide, Jr., Philippine Permanent Representative to the UN, still lauded Ms. Santiago for accepting the nomination to become the second Filipino to serve in the ICJ. "This is still a victory for the Philippines. We may have not won the seat but our campaign heightened the awareness of the international community on the need for gender balance and empowerment of women in the world’s major judicial organ," Mr. Davide as quoted as saying in the statement. "It was a valiant campaign and an honorable loss." Mr. Davide, former chief justice of the Supreme Court (SC), said Ms. Santiago, who was the only female in the race, lost because UN members felt they an African representative was needed in the international tribunal. "In the end, however, it was regional representation and not gender balance that determined the final outcome. Member-States felt that Africa somehow needed to be represented there at the Hague since Asia was already able to secure a seat with the reelection of Jordan in the first round." The last Filipino who took a seat in the ICJ from 1967-1976 was former SC Chief Justice Cesar C. Bengzon. President Macapagal-Arroyo nominated Ms. Santiago to the ICJ on July 30, 2007. Malacañang on Friday said it respects the results of the balloting. "They (UN members) have made the decision and we respect it. Sen. Miriam [Santiago] would have been a good member of that tribunal but we have to submit to the result of the balloting," said Press Sec. Jesus G. Dureza in a press briefing. The Press Secretary, however, believes that Ms. Santiago’s defeat has a positive consequence, as this would allow her to continue serving the country. "I think that Senator Miriam Santiago is probably more needed here in the country," Mr. Dureza said. — Bernard U. Allauigan with Alexis Douglas B. Romero, BusinessWorld