Thursday, August 23, 2007

Campaign for Santiago's ICJ omination starts




Campaign for Santiago's ICJ nomination starts

By LOUI GALICIA
ABS-CBN Europe News Bureau

A year before its elections, the Philippine Embassy in the Netherlands has started an intense campaign for the candidacy of Sen. Miriam Defensor-Santiago as a judge in the International Court of Justice.

The ICJ, also known as the World Court, is the primary judicial organ of the United Nations and is based in the Peace Palace in the Hague, Netherlands. It rules on legal disputes submitted by states and also gives advisory opinions on legal questions from duly-authorized international agencies.

The ICJ is comprised of 15 judges who serve nine-year terms. They are elected by the UN General Assembly and the UN Security Council from a list submitted by the national groups in the Permanent Court of Arbitration.

Asia is entitled to a seat in the ICJ when Jordan’s term expires in 2009.

President Arroyo announced Santiago's nomination to the ICJ during her speech at the opening ceremony of the 40th Association of Southeast Asian Nations Ministerial Meeting in Manila last month.

Ambassador Romeo Arguelles said starting the campaign a year before the actual elections would greatly benefit the campaign for Santiago's inclusion in the World Tribunal.

He said the bulk of the foreign affairs department’s campaign for Santiago will be in New York, where the voting will take place at the UN headquarters.

The UN General Assembly will vote for a candidate and the Security Council will also hold a separate vote, all in New York, Arguelles explained.

At the moment, the ambassador’s hands are full, making personal visits to different Dutch ministries, legal institutions and embassies.

"Our role is to make representations with the host government. Of course to see to it that the qualification of the candidate is known in the host country, we have to talk to the leaders of the country. We need to talk to the officials of the Ministry of Foreign Affairs. You have to talk to the chief members of the Parliament and even including the bar associations, the legal luminaries of the country in order to project the qualification of our country," Arguelles said in an exclusive interview.

Arguelles said Santiago will not a be "hard sell" because of her brilliant qualifications.

"She is an expert on international law, on public and private international law. She is a scholar. She has written numerous books on international law. She has a doctorate in Science Of Law from the University of Michigan. She was a fellow at Oxford University and Cambridge University and these I think are the qualities that are needed in the court."

Arguelles added that Santiago has been highly endorsed in the Philippines.
"There are many Filipinos who are experts in international law but the permanent national group in the Philippines chose to nominate her because before you can be nominated, there has to be a group that will nominate you and she was strongly endorsed by the Chief Justice of the Philippines, the Philippine Bar Association, the Integrated Bar of the Philippines, the Association of Law Deans, Association of Law Professors and Association of Women Lawyers," he said.

"I think if everybody worked together and really campaign on the basis of her qualification, on the basis of her expertise in international law, she will have a chance," Arguelles said.

Arguelles said Santiago will run for the position of judge as a representative of the Philippines and not in her personal capacity.

He added that the last time that a Filipino was nominated for the ICJ was during the term of President Diosdado Macapagal, Mrs. Arroyo's father.

"You know, the last time we had a chance in the ICJ was a long, long time ago when Judge Bengzon was a judge. That was more than forty years ago and we have never had another one from the Philippines," he said.

Chief Justice Cesar Bengzon was the first and only Filipino elected to the ICJ and served from 1967 to 1976.

Arguelles said Santiago may have a fighting chance but only if all of the country's foreign missions will campaign vigorously for the Philippines. He added that Santiago’s victory will be significant because the Hague is the legal capital of the world.

"What it would mean is this is a very prestigious position. It will show to the world that we have people with these qualifications who are qualified to work in the world’s highest judicial body and it gives recognition of the expertise of Filipinos in international law. So it is prestigious for the country and for the candidate as well." Arguelles said.

SOURCE: http://www.abs-cbnnews.com/

http://www.abs-cbnnews.com/storypage.aspx?StoryId=89605

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