THE GEOGRAPHY AND ENVIRONMENT

1. EXPLAINED: WHAT DOWNGRADE IN AVERAGE MONSOON RAINFALL MEANS?

THE CONTEXT: In its first-stage long-range forecast for the 2022 southwest monsoon, the India Meteorological Department (IMD) has forecast normal rainfall during the season. It has, however, downgraded the Long Period Average (LPA) for all-India monsoon rainfall — from 88.06 cm cm to 87 cm, effective from June this year.

THE EXPLANATION:

How much rainfall does India receive on average in a year?

Based on trends for 1961-2010, India’s normal annual rainfall is about 1176.9 mm. Of this, nearly 74.8%, or 880.6 mm (88.06 cm), occurs during the Southwest monsoon from June to September. This is the LPA rainfall for the monsoon, the figure that has been revised.

Before the revision, the distribution of the rest of the rainfall was 3.4% during winter (January-February); 11.2% in the pre-monsoon season (March-May), and 10.5% during the post-monsoon season (October-December).

How much rainfall does India receive on average in a year?

• Based on trends for 1961-2010, India’s normal annual rainfall is about 1176.9 mm. Of this, nearly 74.8%, or 880.6 mm (88.06 cm), occurs during the Southwest monsoon from June to September.
• This is the LPA rainfall for the monsoon, the figure that has been revised. Before the revision, the distribution of the rest of the rainfall was 3.4% during winter (January-February); 11.2% in the pre-monsoon season (March-May), and 10.5% during the post-monsoon season (October-December).

When is the LPA revised?

• It is an international convention to verify the quantum of annual and seasonal monsoon rainfall once in a decade. The monsoon season’s LPA rainfall acts as a baseline figure calculated over a 50-year period. The LPA is revised, if required, depending on any variations observed from the rainfall data obtained from the network of rain gauges.
• In 2002, the IMD operated 1,963 rain gauges located across 523 districts. As of 2020, rainfall data was being collected from 4,132 rain gauges spread uniformly across 703 districts.
• Between 2005 and 2010, India’s LPA was taken at 89.04 cm. Between 2011 and 2015, the IMD revised it to 88.75 cm. It was 88.06 cm between 2018 and 2021. From the upcoming monsoon the revised LPA will be 87 cm.

 Why has it been downgraded?

• “According to the IMD forecast, the monsoon season rainfall shows an epochal behaviour, wherein the monsoon can shift between dry and wet epochs (30-to-50-year periods) in certain decades. The reduction in the rainfall is thus due to the natural multi-decadal rainfall variability”.
• The decadal variability between 1901 and 2020 shows the southwest monsoon rainfall underwent a dry epoch between 1901 and 1921. This was followed by a wet epoch that prevailed till 1970. From 1971, the monsoon has been passing through a dry epoch that persists till date.
• “Also, it highlighted, the dry epoch started in 1971 and has continued for five decades; thus the decadal mean rainfall values have remained negative. The decadal all-India southwest monsoon rainfall has been thus reducing by 1 cm. For 2011-2020, this value is minus 3.8, below normal”.
• But the peak of this dry epoch has been surpassed with the monsoon set to revive, report noted. “The future trend suggests that the decadal mean value will reach near normal during 2021-2030. It will then turn positive, meaning that the decade 2031-2040 will be the beginning of a wet epoch”.
• The decadal mean value for the ongoing decade is predicted to be around minus 1.4 to 1.5. Normally, the realised monsoon rainfall remains below normal for most years in a decade during a dry epoch. On the other hand, rainfall is normal or above normal during most of the years in a decade when it is a wet epoch.

So, has the all-India quantitative rainfall reduced?

• There is indeed a decrease in normal monsoon rainfall between 1961-2010 (880.6 mm) and 1971-2020 (868.6 mm). The all-India annual rainfall, too, has decreased from 1176.9 mm (based on 1961-2010) to 1160.1mm (based on 1971-2020).

 According to the IMD officials, the shifting of rainfall, the otherwise dry and arid west-central India regions covering Kutch-Saurashtra, Rajasthan and parts of west Madhya Pradesh are reporting a higher number of wet days than normal. These areas had more rainfall during 1971-2020 than during 1961-2010.

“There is a positive change in western India regions with research showing an increase in days with light to moderate intensity rainfall increasing over Rajasthan,” However, on an all-India basis, rainfall reduction in some areas and increase in other areas do not contribute in a large difference in the total quantum.

2. NEPTUNE’S SUMMER TEMPERATURE DROPS DRAMATICALLY

THE CONTEXT: According to the analysis published in the Planetary Science Journal the atmospheric temperature of the eighth planet of the solar system fell to -117°C from -109°C between 2003 and 2018.

THE EXPLANATION:

• According to a new study the average atmospheric temperature of Neptune fell by 8 degrees Celsius (°C) during 2003-2020.
• The period covers the first half of the summer on the planet that started in 2005. Each season on the Neptune lasts 40 years.
• Researchers from the University of Leicester, United Kingdom and NASA observed the planet’s temperature from 2003-2020 to understand how its seasons evolve with time.
• The researchers relied on a fleet of ground-based telescopes – Chile’s Very Large Telescope and Gemini South telescope, Hawaii’s Subaru Telescope, Keck Telescope, and the Gemini North telescope as well as a space telescope named Spitzer Space Telescope to study Neptune.
• The telescopes were equipped with thermal cameras with infrared eyes. The cameras calculate temperature by measuring the infrared light emitted from objects in the stratosphere  — a layer of the planet’s atmosphere.
• The analysis threw up some more surprising results: Between 2018 and 2020, temperatures in the planet’s southern pole rose by 11°C. As a result, the stratospheric temperature showed a slight uptick. The rapid changes observed in the two years are surprisingly swift for a seasonal response, the researchers noted.
• The scientists noted, unexpected reversal of the trend in the polar region suggests some interesting atmospheric dynamics are at play.
• The researchers provided a few theories for the factors driving Neptune’s fluctuating temperatures. Seasonal changes in Neptune’s atmospheric chemistry could have a role to play, they surmised.
• Alternatively, the solar cycle – variation in the Sun’s activity every 11 years – might also be involved, the researchers wrote. Previous studies also suggested that the solar cycle might affect Neptune’s visible brightness, according to the report. Research in the future should focus on observing temperature and cloud patterns, the study stressed. The researchers have their hopes pinned on the James Webb Space Telescope launched in December 2021 to provide answers to this mystery.

PRELIMS PERSPECTIVE:

About James Webb Space Telescope:

• JWST is a joint venture between the US (NASA), European (ESA) and Canadian space agencies (CSA).
• It is an orbiting infrared observatory that will complement and extend the discoveries of the Hubble Space Telescope, with longer wavelength coverage and greatly improved sensitivity.
• Webb was formerly known as the “Next Generation Space Telescope” (NGST) and it was renamed in 2002 after a former NASA administrator, James Webb.
• It will be a large infrared telescope with an approximately 6.5 meter primary mirror.

Objectives and functions of the telescope:

1. It will look deeper into the cosmos – and thus further back in time – than is possible with Hubble.
2. It will do this with a much bigger mirror (6.5m in diameter versus 2.4m) and instruments that are tuned to the infrared.
3. Scientists hope this set-up can detect the light from the very first population of stars in the Universe to switch on more than 13.5 billion years ago.

 THE SCIENCE AND TECHNOLOGY

3. WHO REPORT HIGHLIGHTS COLLABORATIVE ACTION TO REDUCE ANTIMICROBIAL RESISTANCE

THE CONTEXT: The strategic framework published in a report to advance a One Health response to AMR at the global, regional and country levels is a joint effort by the World Health Organization (WHO), Food and Agriculture Organisation (FAO), World Organisation for Animal Health (OIE) and United Nations Environment Program (UNEP).

THE EXPLANATION:

• Antimicrobial resistance (AMR) poses a major global threat to humans, animals, plants, food and the environment. This indicates the requirement of a One Health approach to effectively address the issue.
• The goal of the strategic framework is to preserve antimicrobial efficacy and ensure sustainable and equitable access to antimicrobials for responsible and prudent use in human, animal and plant health, contributing to achieving the UN-mandated Sustainable Development Goals (SDGs).

To achieve this goal, the objectives, mentioned in the framework are:

• Optimize the production and use of antimicrobials along the whole life cycle — from research and development to disposal — and decrease the incidence of infection in humans, animals and plants to reduce the development and spread of AMR.
• The overall impact to which the four organisations aim to contribute through their collaboration is for countries to have the capacity to design and sustainably implement evidence-informed One Health responses to AMR.

The report defined three outcomes countries should have in place:

• Policy and law support effective country-owned One Health AMR responses: Recognise AMR as a priority in the broader development agenda, acknowledging the need for capacity building to strengthen AMR-specific legislation, policy coherence and sector-specific research.
• Systems and structures, including institutional capacities, are in place to support effective implementation of country-owned One Health AMR responses: National Action Plans on AMR and guidelines to be regularly updated including monitoring and surveillance of AMR and antimicrobial use (AMU). Access to good quality antimicrobials strengthened for all sectors.
• Increased, sustained resourcing is in place for country-owned One Health AMR responses: Priority actions from national action plans on AMR mainstreamed into national plans and budgets.
• The report also focuses on two intermediate outcomes that it considers interim steps, necessary for the achievement of the longer-term outcomes described above.
• The first intermediate outcome relates to the support provided at country level, while the second is focused on the tripartite (WHO, OIE and FAO) and UNEP action at global and regional levels in support of countries’ efforts.

 According to the report, these organizations work to achieve intermediate outcomes through the following mentioned outputs:

• The capacity and knowledge of countries are strengthened to prioritise and implement context-specific collaborative One Health approaches to control AMR in policies, legislation and practice
• Global and regional initiatives and programmes influence and support One Health responses to AMR and global governance structures established, resourced and function effectively.
• The strategic framework in this report broadly supports the implementation of the five pillars of the Global Action Plan on AMR, as well as strengthening global AMR governance.
• The collaboration of the four organisations on AMR is new, although they have worked together in other technical areas.

 THE SECURITY

4. THE UNLAWFUL ACTIVITIES (PREVENTION) ACT (UAPA)

THE CONTEXT: After designating relatives of Lashkar-i-Taiba (LeT) chief Hafiz Saeed and Jaish-e-Mohammed (JeM) chief Masood Azhar as terrorists under the Unlawful Activities (Prevention) Act (UAPA), the Centre has now designated Kashmiri militant Mushtaq Ahmed Zargar as a terrorist under the Act.

THE EXPLANATION:

What changes as a result of Zargar’s designation as a terrorist under UAPA?

• The designation of individuals as terrorists is in keeping with international norms and laws. The United Nations designates individuals as terrorists, and the United States Department of State has a list of Foreign Terrorist Organisations.
• The government has earlier said this would help clamp down on the financial resources and assets of terrorist individuals even if they are not associated with an organisation, or if they dissolve a banned organisation and float another with a different name and form.

 MISCELLANEOUS

5. PM INAUGURATES PRADHANMANTRI SANGRAHALAYA

THE CONTEXT: Prime Minister inaugurated the ‘Pradhanmantri Sangrahalaya’ (prime ministers’ museum), which is a tribute to every prime minister in the country since Independence. The museum was inaugurated on the occasion of the 131st birth anniversary of Dr. Bhimrao Ambedkar.

THE EXPLANATION:

• The museum on 14 former prime ministers of India, built at a cost of Rs 271 crore at the Teen Murti complex in New Delhi, has been developed to create awareness about these leaders. It recognises the contributions of all the prime ministers irrespective of their ideology or tenure in office.
• Starting from the country’s freedom struggle and the making of the Constitution, the museum tells the story of how India’s prime ministers navigated the nation through various challenges and ensured its all-round progress. The guiding principle has been to recognise the contributions of all the prime ministers in a non-partisan manner.

Design

• The design of the museum building is inspired by the story of a rising India, shaped and moulded at the hands of its leaders, according to officials.
• The design incorporates sustainable and energy conservation practices. No tree has been felled or transplanted. The total area of the building is 10,491 square metres. The logo of the building represents the hands of the people of India holding the “chakra”, symbolising the nation and democracy.
• The logo of the museum represents the hands of the people of India holding the Dharma Chakra symbolising the nation and democracy.
• There are a total of 43 galleries in the Sangrahalaya that goes on to tell the story of how our Prime Ministers navigated the nation through various challenges and ensured the all-around progress of the country.

THE PRELIMS PRACTICE QUESTIONS

QUESTION OF THE DAY

Q. Consider the following statements:

1. According to IMD, monsoon is considered “normal” when rainfall falls between 96% and 104% of the long period average (LPA).
2. IMD has recently revised the long period average (LPA) to 88 cm.

Which of the statements given above is/are correct?

a) 1 only

b) 2 only

c) Both 1 and 2

d) Neither 1 nor 2

ANSWER FOR 14TH APRIL 2022

Answer: D

Explanation:

• Bihu festival is a set of three important Assamese festivals in the Indian state of Assam- Rongali or Bohag Bihu observed in April, Kongali or Kati Bihu observed in October, and Bhogali or Magh Bihu observed in January.
• Rongali Bihu, also known as Bohag Bihu, is celebrated by the people of Assam to mark the Assamese New Year. It is usually observed in the second week of April with the onset of spring.
• Bohag Bihu is a sowing festival, Kati Bihu is associated with crop protection and worship of plants and crops and is an animistic form of the festival, while Bhogali Bihu is a harvest festival. 

1. Align with the hukum to attain inner peace READ MORE  
2. A man with a great mind and foresight READ MORE

1. Explained: What downgrade in average monsoon rainfall means READ MORE  
2. A window for inter-State collaboration, to breathe easy READ MORE
3. Like India, Pakistan and Central Asia are reeling from unprecedented heatwaves READ MORE
4. Lack of information is holding back the fight against climate change in India READ MORE

1. Data divide between state, citizens is bad for democracy READ MORE
2. The wrong reform: Electoral bonds do not address corruption in political funding READ MORE
3. Understanding civil liberties from an Ambedkarite perspective READ MORE
4. Strength of democracy lies in its institutions READ MORE

1. Is Hindi or English beneficial as the link language? READ MORE
2. How to deal with student suicides? READ MORE
3. From the vault: Contemporary challenges before the anti-caste movement READ MORE

(Newspapers, PIB and other important sources)

Prelim and Main

1. PM greets people on the occasion of Bohag Bihu READ MORE
2. Nod to extend Gram Swaraj scheme READ MORE
3. India projected to grow at 8% this fiscal: World Bank READ MORE
4. IMD forecasts ‘normal’ monsoon, no El Nino READ MORE
5. Singaperumal Koil: A temple carved out of a hillock READ MORE
6. PM Modi inaugurates Pradhan Mantri Sangrahalaya to honour all prime ministers of country READ MORE
7. Updated estimates of the impact of COVID-19 on global poverty: Turning the corner on the pandemic in 2021? READ MORE

Main Exam

GS Paper- 1

1. Explained: What downgrade in average monsoon rainfall means READ MORE  
2. Is Hindi or English beneficial as the link language? READ MORE
3. How to deal with student suicides? READ MORE
4. From the vault: Contemporary challenges before the anti-caste movement READ MORE

GS Paper- 2

POLITY AND GOVERNANCE

1. Data divide between state, citizens is bad for democracy READ MORE
2. The wrong reform: Electoral bonds do not address corruption in political funding READ MORE
3. Understanding civil liberties from an Ambedkarite perspective READ MORE
4. Strength of democracy lies in its institutions READ MORE

SOCIAL JUSTICE

1. For India’s marginalised, the precarity of health READ MORE

INTERNATIONAL ISSUES

1. Friends again: The recent strain in Indo-US ties has eased following the 2+2 dialogue READ MORE
2. Difficult Choices~II READ MORE
3. 2+2 meet: Delhi and DC are seeking new opportunities READ MORE

GS Paper- 3

ECONOMIC DEVELOPMENT

1. India needs an economic reboot for rapid employment-heavy growth READ MORE
2. Is it too early to celebrate our export success? READ MORE
3. Food subsidy as economic tool to fight poverty READ MORE
4. RBI tough, Govt manages with more FTAs READ MORE

ENVIRONMENT AND ECOLOGY 

1. A window for inter-State collaboration, to breathe easy READ MORE
2. Like India, Pakistan and Central Asia are reeling from unprecedented heatwaves READ MORE
3. Lack of information is holding back the fight against climate change in India READ MORE

DISASTER MANAGEMENT

1. First-responders must be top priority READ MORE

GS Paper- 4

ETHICS EXAMPLES AND CASE STUDY

1. Align with the hukum to attain inner peace READ MORE  
2. A man with a great mind and foresight READ MORE

Questions for the MAIN exam

1. Discuss the importance of data in the smooth functioning of democracy. How data divide between the state and its citizens is a threat to the smooth functioning of a democracy?
2. Discuss the importance of pressure groups to get good governance accepted as a fundamental right in the Constitution.

QUOTATIONS AND CAPTIONS

• Power doesn’t corrupt people, people corrupt power.
• Data on migration and development indices show that there is a stronger case for English to be the link language rather than Hindi.
• The effectiveness of state policies can be judged from the data produced by the statistical wings of the government, which have a reputation for being independent and credible.
• The data divide between the state and its citizens is a potential threat to the smooth functioning of a democracy.
• India would need a structural transformation to achieve fast GDP expansion accompanied by equally robust job generation.
• While India has had its best year with respect to outbound trade, impediments that could make this performance unsustainable need to be addressed.
• Paying attention to life expectancy disparities in India shows that inequality in health outcomes is relevant even today.
• India and the US have underscored their commitment to continue to build on the momentum of recent years and not lose sight of the larger strategic picture.
• The trigger that translates communal sentiments into violence is provided by political elements who provide deadly weapons and inflammatory slogans to crowds, design deviations in routes of processions and mark out shops, factories and households run or inhabited by the other community as ready for annihilation.
• The health facilities required for huge the patient load are also insufficient. There is a need to spread awareness amongst the parents and students by providing career counselling and family therapy.
• It is imperative that pressure of public opinion is built up to get good governance accepted as a fundamental right in the Constitution.

ESSAY TOPIC

• Power doesn’t corrupt people, people corrupt power.

50-WORD TALK

• As more evidence of Russia’s excesses emerges, it will become tougher for India to stay middle of the road. New Delhi’s line has already evolved from lip service to ‘respect for (Ukraine’s) sovereignty and territorial integrity” to “shock” over Bucha killings and need for inquiry. Equidistance will be increasingly untenable.
• Doctrine of the bulldozer has travelled from Yogi’s Uttar Pradesh to Shivraj Singh Chouhan’s Madhya Pradesh. The target almost exclusively is Muslim homes and properties. In a nation of the Constitution and the laws this medieval, partisan ‘justice’ is an abomination. And judiciary watching silently is an awful institutional shame.

Things to Remember:

• For prelims-related news try to understand the context of the news and relate with its concepts so that it will be easier for you to answer (or eliminate) from given options.
• Whenever any international place will be in news, you should do map work (marking those areas in maps and exploring other geographical locations nearby including mountains, rivers, etc. same applies to the national places.)
• For economy-related news (banking, agriculture, etc.) you should focus on terms and how these are related to various economic aspects, for example, if inflation has been mentioned, try to relate with prevailing price rises, shortage of essential supplies, banking rates, etc.
• For main exam-related topics, you should focus on the various dimensions of the given topic, the most important topics which occur frequently and are important from the mains point of view will be covered in ED.
• Try to use the given content in your answer. Regular use of this content will bring more enrichment to your writing.

[WpProQuiz 202]

THE CONTEXT: On 26 February 2022 Ukraine lodged a case against Russia at the ICJ which was centered on the interpretation of a 1948 treaty on the prevention of genocide, signed by both Russia and Ukraine. The court is named in the treaty itself as the forum for resolving disputes related to genocide and Ukraine’s suit argues that Russia has misinterpreted the treaty in several ways. This article explains the whole issue in detail and analyses the efficacy of ICJ in the present times.

WHAT IS THE INTERNATIONAL COURT OF JUSTICE (ICJ)

ABOUT ICJ:

• The ICJ is the principal judicial organ of the United Nations (UN). The International Court of Justice is also known as the World Court. It was established in June 1945 by the Charter of the United Nations and began work in April 1946.
• The seat of the Court is at the Peace Palace in The Hague (Netherlands). Of the six principal organs of the United Nations, ICJ is the only one not located in New York (United States of America).
• Its official working languages are English and French
• All members of the UN are ipso facto parties to the statute, but this does not automatically give ICJ jurisdiction over disputes involving them. The ICJ gets jurisdiction only on the basis of the consent of both parties. The Charter of the United Nations was signed on 26 June 1945, in San Francisco, at the conclusion of the United Nations Conference on International Organisation and came into force on 24 October 1945. The Statute of the International Court of Justice is an integral part of the Charter.

Figure 1 Charter of the United Nations

ITS ORIGIN:

• The court is the successor to the Permanent Court of International Justice (PCIJ), which was brought into being by the League of Nations, and which held its inaugural sitting at the Peace Palace in The Hague, Netherlands, in February 1922.
• After World War II, the League of Nations and PCIJ were replaced by the United Nations and ICJ respectively.
• The PCIJ was formally dissolved in April 1946, and its last president, Judge José Gustavo Guerrero of El Salvador, became the first president of the ICJ.

ITS COMPOSITION:

• The ICJ consists of a panel of 15 judges elected by the United Nations General Assembly (UNGA) and United Nations Security Council (UNSC) for nine-year terms. These organs vote simultaneously but separately. In order to be elected, a candidate must receive an absolute majority of the votes in both bodies. The Court does not include more than one national of the same State. Moreover, the Court as a whole represents the main forms of civilization and the principal legal systems of the world.
• One-third of the Court is elected every three years; Judges are eligible for re-election.
• The 15 judges of the Court are distributed in the following regions:
• Three from Africa.
• Two from Latin America and the Caribbean.
• Three from Asia.
• Five from Western Europe and other states.

ROLES AND RESPONSIBILITIES:

• The Court settles legal disputes submitted to it by States, in accordance with international law. It also gives advisory opinions on legal questions referred by authorised UN organs and specialised agencies. Judgments in disputes between States are binding.
• The Court decides disputes between countries, based on the voluntary participation of the States concerned. If a State agrees to participate in a proceeding, it is obligated to comply with the Court’s decision.

WORKING OF THE COURT:

• States have no permanent representatives accredited to the Court. They normally communicate with the Registrar through their Minister for Foreign Affairs or their ambassador accredited to the Netherlands.
• The sources of law that the Court must apply are international treaties and conventions in force; international custom; the general principles of law; judicial decisions; and the teachings of the most highly qualified publicists*. Moreover, if the parties agree, the Court can decide a case ex aequo et Bono, i.e., without confining itself to existing rules of international law.

A *publicist is an international law scholar or a scholarly organization (e.g., American Law Institute). However, Article 38 of the ICJ Statute indicates that only teachings (writings) of “the most highly qualified publicists” are considered to be a source of international law. Thus, not every article or book about an international law topic would be considered a source of international law.

A CRITICAL ANALYSIS OF THE FUNCTION AND RESPONSIBILITIES OF ICJ

• The International Court of Justice (ICJ) is the international community’s legal guardian. The ICJ is frequently called upon to defuse crisis situations, help normalize relations between states, and reactivate stalled negotiation processes. It resolves legal disputes submitted to it by States in accordance with international law, as well as provides advisory opinions on legal questions referred to it by authorized United Nations organs and specialized agencies. Within its limited jurisdiction, the ICJ has resolved significant international disputes, thereby contributing to international peace and security.
• In carrying out its mandate, the Court not only contributes to the strengthening of international law’s role in international relations but also to its development and is increasingly being used as a forum for the resolution of environmental disputes, particularly those involving transboundary
• harm, as well as other disagreements affecting the conservation of living resources, environmental protection, or potentially adverse effects on human health.
• Albeit the court cannot enact new laws in the same way that a regulator can, the Court can clarify, refine, and interpret international law rules. In the present scenario of Russia’s military action on Ukraine ICJ’s decision is binding on Russia and constitutes part of its international legal obligations. If Russia continues its military actions, it will be a brazen violation of international law.

DISCOURSE ON UKRAINE’S CASE AGAINST RUSSIA AT ICJ

UKRAINE’S APPLICATION AGAINST RUSSIAN FEDERATION:

• Ukraine contends that Russian Federation has falsely claimed that acts of genocide have been committed in the Luhansk and Donetsk oblasts of Ukraine and based on such claims Russia initiated a special military action and recognized the so-called ‘Donetsk People’s Republic’ and ‘Luhansk People’s Republic’.
• Ukraine “emphatically denies” that such genocide has occurred and states that Russia has no lawful basis to take action in and against Ukraine for the purpose of preventing and punishing any purported genocide.
• Ukraine used the clause of the Genocide Convention of (1948) to get the ICJ to hear the case. The top court of the United Nations has ordered Russia to “immediately suspend” its military operations in Ukraine.
• It is a “provisional measures” order – an emergency ruling made before the court hears the whole case. Provisional measures are binding. It means even if Russia maintains incorrectly that the invasion is legal, it is now breaching international law anyway by failing to comply with the ICJ’s order. However, a binding ruling is not the same as an enforceable one. Just as there is no global government to give the ICJ more power, there is no global police to enforce its decisions.

Article I of the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention), 1948 as interpreted by the ICJ in the past makes it an obligation for any state not to commit genocide and also gives an extraterritorial scope to signatory states to prevent genocide. (This became the basis for Russia to initiate a special military action against Ukraine.) Ukraine also contends this interpretation and says that no rule in international law automatically gives one state a right to invade another state to stop genocide.

Article VIII states that any contracting party can unilaterally approach the competent organs of the United Nations in matters related to the acts of genocide.

Article IX states that “Disputes between the Contracting Parties relating to the interpretation, application or fulfillment of the present Convention, including those relating to the responsibility of a State for genocide or for any of the other acts shall be submitted to the International Court of Justice at the request of any of the parties to the dispute.” (This became the basis for Ukraine to unilaterally approach ICJ as both Ukraine and Russia are parties to the Genocide Convention.)

Russia has rejected the order by the ICJ to immediately suspend its military operations in Ukraine by saying that:

• Both sides had to agree to end the hostilities for the ruling to be implemented.
• The ruling was not valid as no consent from both sides can be obtained in this case.
• Though Russia boycotted a hearing on the case but argued in a written filing that the court didn’t have jurisdiction and also said it was acting in self-defense with the invasion.

STANCE OF JUSTICE DALVEER BHANDARI ON THE ISSUE:

• Bhandari was one of the two judges at the world court whose vote is contrary to their respective countries’ stance at the United Nations General Assembly (UNGA).
• At the United Nations (UN), India’s stand has been that diplomacy and dialogue are the solutions to the conflict between Russia and Ukraine. At the UN General Assembly on 2 March 2022, India urged both sides to focus on diplomacy to end the war and abstained from voting on the matter.
• Unlike in the UN, in the ICJ, there is no option of abstention, and ICJ judges vote in their individual capacities, and they vote on the merits of that. A judge’s opinion at the world court is in his or her individual capacity and does not reflect their respective countries’ stand on the issue.

INDIA AND ICJ

ACCEPTING THE JURISDICTION OF ICJ:

• In September 2019 India declared the matters over which it accepts the jurisdiction of the ICJ. This declaration was revoked and replaced the previous declaration made in September 1974 and September 1959.
• Among the matters over which India does not accept ICJ jurisdiction are: “disputes with the government of any State which is or has been a Member of the Commonwealth of Nations”, and “disputes relating to or connected with facts or situations of hostilities, armed conflicts, individual or collective actions taken in self-defense…”
• The declaration, which includes other exceptions as well, has been ratified by Parliament.

PARTY TO A CASE AT ICJ: India has been a party to a case at the ICJ on six occasions, four of which have involved Pakistan. They are:

• Right of Passage over Indian Territory (Portugal v. India, culminated in 1960) – Ruling in India’s favour.
• Appeal Relating to the Jurisdiction of the ICAO Council (India v. Pakistan, culminated 1972) – ICJ rejected Pakistan’s objection.
• Trial of Pakistani Prisoners of War (Pakistan v. India, culminated 1973) – Pakistan choose not to move ahead with the proceedings.
• Aerial Incident of 10 August 1999 (Pakistan v. India, culminated in 2000) – ICJ rejected Pakistan’s contention.
• Obligations concerning Negotiations relating to Cessation of the Nuclear Arms Race and to Nuclear Disarmament (Marshall Islands v. India, culminated 2016) – The court ruled that it does not have any jurisdiction on the issue in the absence of a dispute between the two countries
• Kulbhushan Jadhav (India v. Pakistan, culminated 2019) – The ICJ held that Pakistan was in clear violation of the rights and obligations described under the Vienna Convention on Consular relations 1963 and ruled in favour of India. Jadhav still remains in Pakistan Jail.

INDIANS AS MEMBERS OF ICJ: Four Indians have been members of the ICJ so far:

• Justice Dalveer Bhandari, former judge of the Supreme Court, has been serving at the ICJ since 2012.
• Former Chief Justice of India R S Pathak served from 1989-to 91.
• Former Chief Election Commissioner of India Nagendra Singh from 1973-88. Singh was also president of the court from 1985-to 88 and vice-president from 1976-to 79.
• Sir Benegal Rau, who was an advisor to the Constituent Assembly, was a member of the ICJ from 1952-to 53.

LIMITATIONS ON THE FUNCTIONING OF ICJ

ICJ suffers from certain limitations, these are mainly structural, circumstantial, and related to the material resources made available to the Court.

JURISDICTION TO TRY INDIVIDUALS:

• It has no jurisdiction to try individuals accused of war crimes or crimes against humanity.
• As it is not a criminal court, it does not have a prosecutor able to initiate proceedings.

HUMAN RIGHTS VIOLATION ALLEGATIONS FROM INDIVIDUALS: The International Court of Justice differs from other courts such as:

• The Court of Justice of the European Union (Luxembourg), whose role is to interpret European Community legislation uniformly and rule on its validity,
• The European Court of Human Rights (France) and the Inter-American Court of Human Rights (Costa Rica), which deal with allegations of violations of the human rights conventions under which they were set up.
• These three courts can entertain applications from individuals as well as from States which is not possible for the International Court of Justice.

NOT A SPECIALIST COURT:

• The jurisdiction of the International Court of Justice in general thereby differs from that of specialist international tribunals, such as the International Tribunal for the Law of the Sea (ITLOS).
• ITLOS is an independent judicial body established by UNCLOS to adjudicate disputes arising out of the convention.
• United Nations Convention on the Laws of the Sea (UNCLOS) was adopted in 1982 to establish jurisdictional limits over the ocean areas and regulate activities in international waters, including sea-bed mining and cable laying, etc.

NOT A SUPREME COURT:

• The Court is not a Supreme Court to which national courts can turn; it does not act as a court of last resort for individuals nor is it an appeal court for any international tribunal. It can, however, rule on the validity of arbitral awards.

CANNOT INITIATE PROCEEDING SUO MOTO:

• The Court can only hear a dispute when requested to do so by one or more States.
• It cannot deal with a dispute on its own initiative.
• Neither is it permitted, under its Statute, to investigate and rule on acts of sovereign States as it chooses.

DO NOT HAVE A COMPULSORY JURISDICTION:

• The ICJ only has jurisdiction based on consent, not compulsory jurisdiction.

DO NOT ENJOY FULL POWERS:

• It does not enjoy a full separation of powers, with permanent members of the Security Council being able to veto enforcement of cases, even those to which they consented to be bound.

ABOUT GENOCIDE CONVENTION

• The Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) is an instrument of international law that codified for the first time the crime of genocide. It was the first human rights treaty adopted by the General Assembly of the UN on 9 December 1948.
• It signified the international community’s commitment to ‘never again’ after the atrocities committed during the Second World War and its adoption marked a crucial step towards the development of international human rights and international criminal law as we know it today.
• According to the Genocide Convention, genocide is a crime that can take place both in times of war as well as in the time of peace. The definition of the crime of genocide, as set out in the Convention, has been widely adopted at both national and international levels, including in the 1998 Rome Statute of the International Criminal Court (ICC).
• Importantly, the Convention establishes on State Parties the obligation to take measures to prevent and punish the crime of genocide, including by enacting relevant legislation and punishing perpetrators, “whether they are constitutionally responsible rulers, public officials or private individuals” (Article IV). Those obligations, in addition to the prohibition not to commit genocide, have been considered norms of international customary law and therefore, binding on all States, whether or not they have ratified the Genocide Convention.
• India is a signatory to this convention.

THE WAY FORWARD

• The ICJ can only hear a dispute when requested to do so by one or more States and cannot deal with a dispute on its own initiative. The power of the court shall be expanded regarding international laws to take Suo moto cognizance and initiate proceedings to maintain international peace and order.
• ICJ shall also be given the power to hear the matters which have already been decided by other international tribunals.
• Though the ICJ can only hear cases by the states it shall also accept applications from individuals as well as international organizations.
• The rulings of the court are binding but not enforceable on states and the onus lies on other UN organs for their implementation. This leads to a lack of confidence in the efficacy of the court. The court shall be given some institutional powers to make it more efficient.

THE CONCLUSION: While the court did not decide on whether Russia has breached the Genocide Convention, as this is a question of merits, it did express doubt over whether a country can unilaterally use force against another country for punishing or preventing an alleged act of genocide. This indicates that Russia’s use of force is difficult to justify under the Genocide Convention. Just because authoritarian populist leaders don’t care for international law does not diminish its significance. International law, even if not sufficient, is necessary to maintain global order. The ICJ decision is an impactful step in that direction.

MAINS PRACTICE QUESTION:

1. “India has accepted the jurisdiction of International Court of Justice on various issues barring a few such as connected with facts or situations of hostilities, armed conflicts, individual or collective actions taken in self-defense.” In the context of changing geopolitical situations elaborate on the given statement.
2. The International Court of Justice (ICJ) suffers from structural, circumstantial, and material limitations. How can the court be made more effective to help in redressing interstate disputes and in maintaining global peace?

ADD TO YOUR KNOWLEDGE

Difference between the International Court of Justice (ICJ) and the International Criminal Court(ICC)