JERUSALEM (VINnews) — An unlikely hero emerged at the International Court of Justice hearing about South Africa’s claims of genocide by Israel towards the Gazan population. The hero unfortunately was not Israel’s own chosen judge Aharon Barak, who chose to side with the court on two of the issues submitted for interim measures: The demand that Israel investigate calls for genocide against Gazans and the demand that Israel provide humanitarian aid to Gaza.
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In fact the hero was actually a heroine: Julia Sebutinde, Uganda’s representative to the International Court of Justice (ICJ), who uniquely voted against all proposed provisional measures demanded of Israel, standing out as the sole permanent judge to do so.
In her dissenting view, she argued that the core of the dispute was fundamentally political, not legal, and asserted the absence of a credible indication of genocidal intent by Israel.
Adonia Ayebare, Ambassador and Permanent Representative of Uganda to the United Nations, disassociated his country from Sebutinde”s rulings on X.
“Justice Sebutinde ruling at the International Court of Justice does not represent the Government of Uganda’s position on the situation in Palestine. She has previously voted against Uganda’s case on DRC [Democratic Republic of the Congo]. Uganda’s support for the plight of the Palestinian people has been expressed through Uganda’s voting pattern at the United Nations,” the ambassador tweeted.
Yet the 69-year-old distinguished judge from Uganda is highly regarded and is serving her second term on the International Court of Justice (ICJ) since March 2012. She is the first African woman to hold this position. She has a rich background in law, having graduated from Makerere University, obtained a diploma from the Law Development Centre in Kampala, and a Master of Laws from the University of Edinburgh, after which she worked in various legal capacities in Uganda, the UK, and Namibia. Sebutinde’s notable career includes serving as a judge in the Special Court for Sierra Leone, presiding over high-profile corruption inquiries in Uganda, and her election to the ICJ, reflecting her significant contributions to international justice.
In her dissenting opinion, Sebutinde wrote that she doesn’t believe that the Israel-Hamas war, or more widely the dispute between Israel and the Palestinian people, is a legal issue “calling for judicial settlement” by the ICJ.
“Unfortunately, the failure, reluctance or inability of States to resolve political controversies such as this one through effective diplomacy or negotiations may sometimes lead them to resort to a pretextual invocation of treaties like the Genocide Convention, in a desperate bid to force a case into the context of such a treaty, in order to foster its judicial settlement: rather like the proverbial ‘Cinderella’s glass slipper,’” Sebutinde wrote.
The judge added that she didn’t believe South Africa’s provisional measures, as requested under the U.N. genocide law, were plausible because “the acts allegedly committed by Israel were not accompanied by a genocidal intent.”
She concluded that she is “calling for a diplomatic or negotiated settlement, and for the implementation in good faith of all relevant Security Council resolutions by all parties concerned, to find a permanent solution whereby the Israeli and Palestinian peoples can peacefully coexist.”
Justice Sebutinde is probably a Chasidas Umos Haolam. She deserves to be hailed by men and women the world over for her independent thinking and the courage of her convictions. It’s mind blowing that she is from Uganda, and yet wasn’t shackled by the narrow-minded, innate hatred that is preached and practiced there. Israel was actually a good friend to Uganda prior to Idi Amin. It takes a super intelligent and ethical person to act as she did.
Of course the hero wasn’t Aharon Barak. Far be it from him to defend Israel properly on the international stage.
Nice thought, but practically useless. The idea of co-existence is a train that left the station long ago. Although Hamas does not comprise the complete population of Gazan Palestinians, it is the sole power there. Not only is there no political rival, but the civilian population is notoriously supportive of murdering Israeli civilians. The current generation was raised and nurtured on hate and a severe thirst for Jewish blood. Fact bears this out. So all the rhetoric about co-existence, two-state solutions, and similar gibberish is nothing more than fantasy. There is not a core group that can govern any territory in a moral and civil manner. They will never relinquish their obsession with terror. It is thus beyond foolish to keep the subject on the table for serious discussion.
In the meantime arch terrorist Aron barak sided with icj against Israel
Under normal circumstances, this type of statement would win the Bare Minimum Award. It’s sad how much bravery it requires in today’s world.
I’m no fan of Aaron Barak. But he is NOT anti-Zionist, quite the opposite, he defines Zionism exactly in the manner that Herzl, et al meant; totally secular. If so, why did he vote with all the other reshoyim (except the African woman)? I would guess that, as the adult on the court with the largest brain by far, he authored the decision getting the best deal for Israel he could from the overt antisemitic court. Thus, Israel was not found guilty of genocide and no demand for a ceasefire.