Egyptian diplomat nominated to sit on ICJ
Egypt-Regional, People, 8/18/2001

Nabil al-Arabi, a high-profile Egyptian diplomat, has been nominated to sit on the The Hague's 15-judge International Court of Justice (ICJ). But in accordance with ICJ tradition, al-Arabi will have to await the result of a voting process involving the United Nations (UN) General Assembly and Security Council scheduled for 12 October 2001. The odds are in al-Arabi's favour.

Al-Arabi was Egypt's former permanent envoy to the UN and was first nominated for the ICJ post in 1976, but the government of the day withdrew his nomination for political reasons, which he refused to disclose.

If the two UN bodies endorse his nomination he will be the third Egyptian to sit on the ICJ. His predecessors are Abdel-Hamid Pasha Badawi (1946-1965) and Dr Abdullah al-Erian (1979-1981).

Al-Arabi was part of the Egyptian team who negotiated the Israeli peace deal, which yielded the Camp David accords in 1978 and subsequent peace agreement the following year. Throughout the laborious and contentious talks al-Arabi vexed Israeli negotiators on several occasions by digging his heels in as he opposed their implausible demands. Al-Arabi also rejected the final framework for the Camp David Accord. Divulging his fears to the late President Anwar Sadat, al-Arabi said that the proposed accord was riddled with legal loopholes. Sadat, however, saw no justification for al-Arabi's anxieties and withdrew him from negotiations in Egypt's supreme interests.

An ICJ judge normally spends nine years in office. There will be an anomaly in al-Arabi's tenure in that it will only last for four years. Al-Arabi explained: "The intention is that I replace the Algerian judge Mohammed Bedgawi who resigned after serving five years." Al-Arabi said that the new post would compel him to suspend his association with several international organisations. He said: "As an ICJ judge I will have to devote myself entirely to my new responsibilities. I will have to give up my position on the UN Committee of International Law and withdraw as a judge from the Court of OAPEC (Organisation of Arab Petroleum Exporting Countries)."

Al-Arabi refused to comment on the tidal wave of criticism against UN prejudice. He stressed that the ICJ is a different entity altogether, performing a different task.

"Unlike the UN, the ICJ comprises of notable judges from world countries. ICJ judges are not influenced politically. They act and base their rulings and dictum within the bounds of the law and documents submitted by the parties involved." Al-Arabi also asserted that ICJ judges have complete independence, integrity and neutrality as they perform their task of investigating and peacefully settling conflicts between countries. Its rulings are not applicable to individuals, he pointed out.

It is known that the US, under the administration of former US President Ronald Reagan, threw down the gauntlet to the ICJ by withdrawing its support for an ICJ mandate after the Central American country of Nicaragua asked the ICJ to investigate the US interference in its internal affairs. The ICJ also upset the US and Britain by accepting a complaint from Libya regarding its alleged role in the Lockerbie bombing and the international sanctions imposed.

Israel also cast doubts on the ICJ's integrity by alleging that its judges were prejudiced against the Jewish state. Israel also challenged the impartiality of the UN Security Council and General Assembly, and thus refused to allow the ICJ to mediate to settle its dispute with Egypt concerning the border town of Taba. An international arbitration committee eventually intervened and categorically rejected Israel's allegations to annex Taba.

Al-Arabi is a shining star of Egyptian diplomacy and eagerly expects the 12 October vote to crown his 35-year contribution to regional and international issues.

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