Introduction
The Africa Judges and Jurists Forum (AJJF) notes with appreciation that the Botswana government has nominated Justice Key Dingake for possible election as a judge of the ICJ. Hon. Justice Dingake is one of our founding members and a revered and distinguished judge and legal scholar.
A fit and proper candidate
The selection and appointment process for a judge of the ICJ is primarily a state driven process. There is no role for non-state actors except to give commentaries such as this one. Botswana needs to be congratulated that they have found a good, fit and proper world-class candidate for the office of a judge of the ICJ in Justice Dingake.
Ever since ascending into office via peaceful transfer of power following democratic elections, President Duma Boko has repeatedly and unequivocally pronounced that his government’s overarching policy will be grounded on human rights and respect for the rule of law and accountable governance. It is no wonder that under President Boko’s leadership, Botswana, a beacon of hope, peace and stability anchored on fostering a culture for respect of the rule of law in an increasingly volatile region, has nominated Justice Dingake to the ICJ.
The international community now has a wonderful chance to appreciate Botswana and give Justice Dingake an opportunity to serve at the ICJ and contribute to restoring belief and confidence in multilateralism at an important point in world history.
Why Justice Dingake’s election is important in the current global context
The world is becoming more multipolar. It is characterized by increasing geopolitical and geoeconomic tensions, wars, and a growing disregard for international norms creating fertile grounds for serious and widespread violations of human rights and humanitarian law with impunity.
As the principal judicial organ of the United Nations, the ICJ remains one of the few institutions capable of fostering and upholding the rule of law between states. The ICJ’s effectiveness will be guaranteed by the credibility and integrity of its judges.
Global peace and justice is not dependent on military might or economic coercion, but on a world order that is bound by and respects the rule of law. In order to safeguard the future of international law and global peace it is critical to ensure that the ICJ is composed of strong, independent, and credible judges.
This is why we encourage the international community to closely assess the credentials of Justice Dingake as he is likely to immensely contribute to the legitimacy, credibility, trust and confidence in the ICJ at a time of major shifts and trust-deficits in world institutions.
Electing a judge from Botswana, a country that has no ambitions to dominate global power but only models and projects a society based on justice and the rule of law will be a powerful signal by the international community of its strong desire to restore confidence in multilateral institutions and demonstrate the equality of all nations at the UN.
Credentials
Justice Dingake has a demonstrable track record and standing as a judge who depicts the qualities needed for judicial office at the ICJ. His expertise in different systems and contexts has been recognised by different jurisdictions that have invited him to sit as a judge in their jurisdictions and systems.
He has served as a judge in Superior Courts in Botswana (High Court), Seychelles (Court of Appeal) and National and Supreme Courts of Papua New Guinea. He has also served in international tribunals currently serving as judge for the international criminal court (Residual Special Court of Sierra Leone). This impressive track record by Justice Dingake makes AJJF very proud.
With his impressive academic qualifications, deep professional and judicial experience spanning several decades, jurisdictions and judicial systems, we have no doubt that Judge Dingake’s contributions if elected to the ICJ will result in ICJ judgments and advisory opinions that will shape the development of international law, from human rights and environmental protection to maritime boundaries and state responsibility.
We wish to congratulate him for the nomination by President Duma Boko’s government to be a candidate for the ICJ judicial office.
Notable achievements
Justice Dingake has impressive academic qualifications and scholarship. He holds an LLB in Law from the University of Botswana, an LLM from the University of London and a PhD from the University of Cape Town. He also has post graduate certificates in international development studies from the London School of Economics and University of Oslo, Norway.
He has taught international law at several universities. He is currently an Adjunct Professor at Universities in Australia, South Africa, Rwanda and Philippines.
At the University of Cape Town in South Africa, he facilitates a Module for Judicial Officers and Lawyers doing Post Graduate Diploma in Judicial Studies called: ‘Judging in a Constitutional Democracy.’ At the University of San Beda in Philippines he teaches, a Module on Constitutions, Constitutionalism and the Rule of Law to Doctoral Students (“JSD”).
As a judge he has presided and delivered key judgments in several jurisdictions such as Botswana, Seychelles and Papua New Guinea. In all jurisdictions he has presided, he has become well known for citing and referring to international law in his judgements. One outstanding judgement he made was on the question whether women in Botswana can inherit the family homestead in circumstances were customary law and constitutional law were conflictual. The judgment earned him international claim and a Bronze Medal by an International Non-Governmental Women’s Organization.
Conclusion
This election of new judges to the ICJ at a time of global tension and instability is a vital process and opportunity to restore nations and public confidence in multilateral institutions and a world order underpinned by the rule of law. The Republic of Botswana has offered a compelling candidate for election. We encourage the international community to play their part and elect Justice Dingake as a judge of the ICJ.
A credible ICJ, composed of strong and independent judges, is vital for sustaining the preservation of international law. Its authority protects not only the principles of justice but also the hope that law, not power, can still guide relations among nations.
__________________
For more information contact the AJJF Secretary General, Mr Martin Okumu-Masiga on okumu-masiga@africajurists.org