South Korea is seeking to produce its first-ever judge on the International Court of Justice (ICJ) in the upcoming election in November.

According to the Ministry of Foreign Affairs today (September 26), the South Korean candidate is Paik Jin-hyun, former president of the International Tribunal for the Law of the Sea (ITLOS).

Former President Paik served as an ITLOS judge from 2009 to 2023, and served as its president from 2017 to 2020.

As the principal judicial organ of the United Nations, the ICJ settles legal disputes between states and gives advisory opinions on legal questions referred to it by organs such as the UN General Assembly and the Security Council.

Its jurisdiction and nature differ from ITLOS, which handles disputes concerning the interpretation and application of the UN Convention on the Law of the Sea, and the International Criminal Court (ICC), which investigates and prosecutes individuals accused of grave international crimes such as genocide and war crimes.

While South Korea has participated in ITLOS and the ICC since their early stages and produced judges for both, it has yet to secure a seat on the ICJ, which was established in 1945.

The Foreign Ministry explained that this is largely because South Korea joined the UN only in 1991, during which time long-standing customs, such as regional seat allocations, had already been established.

However, the competition is fierce right from its first bid.

In the election scheduled for November 3, candidates from eight countries, including South Korea, will compete for five seats whose terms are expiring.

Although regional seats are not officially designated under the regulations, considering the practice of regional representation, South Korea, Singapore, and Jordan are competing in a three-way race for the single seat expected to go to Asia.

This seat is known to have generally been allocated within Asia to regions such as Southwest Asia, the Middle East, and Southeast Asia.

The competing candidates are also formidable.

Jordan's Mahmoud Daifallah Hmoud, a sitting ICJ judge, is seeking reelection.

He served as chairman of the International Law Commission (ILC) and worked for many years as ambassador to the United Nations.

In particular, given that incumbent judges rarely lose in reelection bids, he is evaluated as holding an "incumbent advantage."

Singapore has put forward Rena Lee, Ambassador for International Law, as its candidate.

Ambassador Lee built a strong international profile by leading negotiations for about five years as president of the Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ).

In addition to Singapore's regional footing in the Association of Southeast Asian Nations (ASEAN), Lee's standing as a relatively young female candidate in her 50s is also cited as a strength in the election.

In contrast, South Korea is considered to be at a disadvantage because it lacks a clear regional bloc to rely on for support, unlike the Middle East and Arab world or ASEAN.

Former President Paik's strengths lie in his 14 years of experience as an ITLOS judge and the high international recognition stemming from it.

He is currently a professor emeritus at Seoul National University, an advisor to the Center for International Law at the Korea National Diplomatic Academy, and the only South Korean life member of the Institut de Droit International (IDI).

The Foreign Ministry explained that it is difficult to predict the outcome of the election because a complex combination of factors comes into play, including not only individual candidates' competence and the preferences of individual nations, but also regional competition dynamics and variables during the actual voting process.

A Foreign Ministry official stated, "The candidate himself entered this election with the determination to fulfill his final calling, fully aware that it is a challenging race."

The government has been supporting campaign and lobbying efforts on behalf of the candidate.

On September 14, it also held a promotional event for the diplomatic corps stationed in South Korea, hosted by Foreign Minister Cho Hyun.

A Foreign Ministry official explained, "We made this decision believing the time has come to make an attempt, as our standing in international law is rising and we have a rich pool of experts to present," adding, "It is an uphill battle, but we will do our best."

(Photo courtesy of the Ministry of Foreign Affairs, Yonhap News)