Former Israeli Supreme Court President Aharon Barak will serve as an Israeli judge at the International Court of Justice (ICJ) in The Hague to hear South Africa’s accusation that Israel committed war crimes and genocide in the Gaza Strip. Prime Minister Benjamin Netanyahu approved the appointment. The hearing will begin this week on Thursday and Friday with Israel represented by Professor Malcolm Shaw, an international law expert who will respond to the charges on Friday. The hearing will be broadcast live on the ICJ website.
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Barak will be the 16th judge on the panel with judges from the United States, Russia, China, Somalia, Slovakia, France, Morocco, Lebanon, Japan, India, Brazil, Australia, from Uganda, Jamaica and Germany. South Africa also has the right and should appoint a 17th judge.
Barak, 87, served on the Supreme Court until 2006. Before that, he was attorney general. He is a professor of law and won the Israel Law Prize in 1975. He currently teaches law at Reichman University and Yale University. He is considered the father of the « constitutional revolution » in which courts can overturn unconstitutional laws that the current government has attempted to overturn over the past year, under the leadership of Justice Minister Yariv Levin. Barak opposed the reform and supported protests against it.
South Africa accuses Israel of using indiscriminate force and forcibly evicting residents from their homes. In a detailed complaint, South Africa mentions the damage caused to the inhabitants of Gaza, including 21,000 killed. The accusations reference World Health Organization reports on the dangers of famine and IDF operations focusing on civilian centers, including courts, museums and mosques. South Africa has asked the court to urgently issue an interim order to Israel, ordering it to end its military operations in the Gaza Strip.
The danger Israel faces is that the court would issue such an order that would limit its activities in the Gaza Strip in the fight against Hamas. The Court does not impose sanctions, but it can approach the UN Security Council to request their execution. However, in the UN Security Council, the United States has a veto, unlike its power at the ICJ, where it has one judge among 15.
Published by Globes, Israel Business News – fr.globes.co.il – January 7, 2024.
© Copyright of Globes Publisher Itonut (1983) Ltd., 2024.
