Dear Secretary-General,
Hana Human Rights Organization, an independent NGO documenting human rights violations affecting Kurdish communities and other vulnerable groups in Iran, wishes to bring to your attention a fundamental concern related to the nomination of Mr Abbas Ali Kadkhodaei as a Member of the Court by the Islamic Republic of Iran.
According to the Convention for the Pacific Settlement of International Disputes, each state may designate up to four individuals who are known for competency in international law and who possess the highest moral reputation. These individuals constitute the national group of each Contracting Party and form part of the roster of potential arbitrators. Their term is six years, and they may be reappointed. Members of the Court from each state also constitute the national group entitled to nominate candidates for election to the International Court of Justice. They are among a very limited number of bodies globally permitted to nominate candidates for the Nobel Peace Prize. Although disputing parties may choose arbitrators from outside this list, the inclusion of a person on the four-person national list reflects the appointing state’s formal assertion that the individual meets an elevated ethical and professional standard.
In this context, the recent inclusion of Mr Kadkhodaei as one of the four designated individuals raises serious concerns regarding compliance with the requirement of highest moral reputation. His long service within the Guardian Council places him at the center of an institution that controls electoral access in Iran and has been widely criticized for systematically removing candidates on political, ideological, gender-based, and discriminatory grounds. Public statements made by Mr Kadkhodaei before the 2020 parliamentary disqualifications, including remarks that criticism of the Supreme Leader could be used as a basis for exclusion, confirm his endorsement of restrictions that conflict with internationally protected rights to political participation and freedom of expression.
Beyond his institutional conduct, Mr Kadkhodaei has been the subject of targeted sanctions imposed by several states. The United States designated him in 2020 on the basis that he played a central role in preventing free and fair elections, citing his direct involvement in disqualifying thousands of candidates. Canada imposed sanctions on him in 2022 as part of a package targeting individuals responsible for grave and systematic human rights violations. In that same action, Canada also sanctioned the Guardian Council itself for blocking meaningful participation in elections and for upholding laws that violate the rights of Iranian citizens. These sanctions reflect careful assessments by states that his actions have contributed to serious and ongoing violations of civil and political rights.
The standard of highest moral reputation is an objective one. It concerns whether a person proposed to serve as a neutral and credible figure in international arbitration enjoys a reputation consistent with integrity, fairness, and respect for fundamental rights. A public record marked by involvement in systemic political exclusion, suppression of electoral competition, and restrictive practices condemned by international bodies cannot reasonably satisfy this standard. The concern is not political disagreement. It concerns the ethical and reputational threshold required for service within an institution that depends on public trust and international confidence.
We fully recognize that the power to nominate Members of the Court lies with Contracting Parties. At the same time, the PCA has an interest in upholding the standards set by the Convention and in ensuring that its roster reflects individuals whose conduct aligns with the values of impartiality and integrity. We therefore respectfully request that the PCA take note of the concerns outlined above and consider whether the nomination of Mr Kadkhodaei is compatible with the requirement of highest moral reputation. We also encourage the Court to clarify how this requirement is applied in situations where nominees face documented findings or sanctions related to serious violations of political and civil rights.
Hana Human Rights Organization remains available to provide further documentation or clarification if required. We thank you for your attention to this matter.
Hana Human Rights Organization
November 15, 2025