Rena Lee’s historic election to world’s top court a milestone for Singapore, say observers

SINGAPORE - The election of Singaporean Rena Lee to the International Court of Justice (ICJ) is a significant milestone for Singapore, which has consistently championed a rules-based international order as a small state, said observers.

At a time when multilateral institutions face mounting pressures, her election underscores Singapore’s commitment to defending the rule of law and strengthening its governing bodies, they added.

They said it also reaffirms Singapore’s support for the UN’s principal judicial organ, which plays a critical role in resolving disputes between states and safeguarding the interests and sovereignty of all countries.

Lee is the first Singaporean and only the second person from South-east Asia to join the bench of the world’s top court.

Senior Minister and Minister for Home Affairs K Shanmugam said it was a significant achievement: “Her election reflects both her personal standing and the respect Singapore has internationally through our longstanding commitment to international law and a rules-based international order.” 

Simon Chesterman, David Marshall Professor of Law at the National University of Singapore (NUS), said international law is fundamental to Singapore’s security and prosperity in a world where power is distributed very unevenly.

The significance of Lee’s election for Singapore is that one of its most distinguished jurists will help uphold an institution on which small states depend, he said, noting at the same time that she will not be there as Singapore’s representative or advocate, and has to exercise independent and impartial judgement.

“International law cannot eliminate power politics, but it provides a framework for constraining power and resolving disputes peacefully,” said Chesterman.

“At a time when that framework is being challenged, we need distinguished and independent jurists to uphold it more than ever.”

Lee being on the bench of the world court based in the Hague, Netherlands, also signals Singapore’s commitment to international law and to respecting the decisions of the court, said former ambassador Tommy Koh.

The election, held at the United Nations Headquarters in New York City on Nov 3, featured 10 candidates vying for five seats.

To be elected as judge, a candidate had to obtain an absolute majority of votes in both the UN General Assembly and UN Security Council, which held simultaneous meetings to vote.

Former Deputy Prime Minister and Law Minister S Jayakumar, who appeared before the ICJ to argue Singapore’s case on Pedra Branca in 2007, described the election as a tight contest.

That Lee had been elected in the first round of polling, securing the highest vote of 151 out of 191 in the General Assembly and joint-highest of 13 out of 15 in the Security Council, shows the high regard the international community has for her as well as Singapore, he said.

With Lee being from Singapore and Southeast Asia, she will also bring greater diversity of legal perspectives to the ICJ bench, said Koh, who chairs the International Advisory Panel of the Centre for International Law at NUS.

As the world court, the ICJ must be representative of the different regions, legal traditions and political systems, he said.

While the court does not have a formal requirement for the geographical distribution of the seats, Article 9 of its statute states that electors should ensure “representation of the main forms of civilization and of the principal legal systems of the world” on its bench as a whole.

The last South-east Asian to serve on the ICJ bench was Judge Cesar Bengzon of the Philippines, whose term ended in 1976, more than five decades ago.

Lee’s election is also a boost for greater gender diversity, as the top court has only had seven permanent female judges in its 80-year history, compared to 110 male judges. 

Lee’s nine-year term will start on Feb 6, 2027 and last until 2036.

Observers said Lee’s election is also a powerful vote of confidence in her standing as an international lawyer.

In her three decades as an international law practitioner, she has served as a government legal advisor, diplomat and international negotiator. She has expertise over a wide range of international law matters, including the law of the sea, climate change and environmental law, among others.

She is best known for her role in successfully steering complex, high stakes negotiations which culminated in the adoption of the landmark high seas treaty, during her tenure as president of the UN Intergovernmental Conference on Marine Biodiversity of Areas Beyond National Jurisdiction (BBNJ) from 2018 to 2023.

Known as the BBNJ agreement, the treaty establishes a legally binding framework to protect marine life and regulate commercial activities in international waters.

Lee also holds positions in the Permanent Court of Arbitration and the Panel of Conciliators of the International Centre for Settlement of Investment Disputes.

She was appointed Singapore’s Ambassador for International Law in 2023, and was Ambassador for Oceans and Law of the Sea Issues before that.

She was also elected as a member of the Legal and Technical Commission of the International Seabed Authority, which acts as an advisory body on the exploration and exploitation of the international seabed.

Koh, who had helped campaign for Lee, said she was greatly admired by those who worked with her on the BBNJ negotiations and that the successful adoption of the treaty was due in large part to her inspiring leadership at the conference.

Chesterman said Lee brings a combination of legal expertise and practical experience to the role.

“Her leadership of the negotiations that produced the historic high seas biodiversity treaty demonstrated not just a mastery of international law, but an ability to bridge differences between countries with very different interests,” he said.

In a LinkedIn post after the election, Lee said the journey to the ICJ has been one of the most meaningful of her career. 

“I met representatives from all over the world and heard their experiences, concerns and hopes for international law and the multilateral order. Each conversation taught me something and I will carry these lessons with me to the court,” she said.

“I do not take the responsibility vested in me lightly…I will serve with impartiality, integrity and independence, in upholding and applying international law.”