As
ICJ
Judges Are
Paid as
Arbitrators,
Need for
Reform, Quid
Pro Quo
Alleged
By
Matthew
Russell Lee,
Exclusive
UNITED
NATIONS,
October 25 --
The
International
Court of
Justice is
charged with
major
litigation of
nation against
nation, but
its judges are
allowed to do
outside work
through the
Permanent
Court of
Arbitration,
ICJ President
Hisashi Owada
confirmed to
Inner City
Press on
Monday.
Owada
insisted that
this is not
"moonlighting."
But Inner City
Press has
received
complaints
that ICJ cases
and motions go
too slowly due
to the outside
work on
judges.
"Allowing this
might have
made sense
years ago when
the ICJ didn't
have many
cases," a
litigant told
Inner City
Press this
week. "But now
it should be
stopped."
Owada
insisted that
there is no
problem,
saying that
the Permanent
Court of
Arbitration is
"just a piece
of paper... A
number of
judges on the
Court are on
the list" and
are "selected
if
compatible...
as ad
hoc
arbitrators."
It appears
that as
arbitrators
they are paid
based on the
value of the
case their
hearing.
A
complainant
used as one of
his examples a
long time case
between
Colombia and
Nicaragua
about maritime
borders. A
separately,
more detailed
and troubling
complaint
about this
case
transmitted
anonymously to
Inner City
Press. [But
see this.]
To
summarize it,
the allegation
is that a
sitting judge
of the ICJ,
seeking a
second nine
year term, has
somehow a
result to one
side in the
dispute, in
which a
decision is
expected in
2012:
"One
of
the members of
the Count who
is running for
reelection for
a second 9
year terms has
approached at
least a non
permanent
member of the
Security
Council and
promised to
back its
position on a
pending case."
It
is an
explosive
charge, of the
type is seemed
clear Owada
who would not
accept any
problem with
paid double
service in the
Permanent
Court of
Arbitration
would not
directly
respond to.
But who will?
(c) UN Photo
Owada with Ban
Ki-moon,
reforms not
shown
Inner
City Press
waited and
stopped Owada,
who is the
father of
Japan's
Princess
Masako, when
he emerged
from a closed
door briefing
of the
Security
Council. One
Council
ambassador
came out
earlier and
complained to
Inner City
Press that
inside it was
"eleven pages
of text,
narrowly
spaced." Who
is overseeing
the court? Who
can reform it?
Earlier
this month
Inner City
Press asked a
senior General
Assembly
official if
the ICJ seat
being vacate
by Jorden's
new prime
minister would
be filled in
this round of
elections. No,
was the
answer, the
ICJ elections
are
complicated
and take weeks
or months to
prepare.
As we will
see, the
elections for
judges of the
International
Criminal Court
are even more
complicated,
and also full
of hardball
politics such
as a Western
Permanent
member of the
Security
Council
offering to
support a
candidate as a
quid pro quo
for supporting
its P-5
candidate.
Watch this
site.
, 
