The International Court of Justice issued emergency measures after South Africa filed a claim of genocide against Israel but stopped short of calling for a ceasefire in a decision made by 17 judges, most of whom voted in favor of the presented motions.
The court has not yet decided the merits of the genocide allegations, which could take years. The ruling can neither be appealed nor enforced.
Of the 17 judges on the panel, one ad hoc Israeli judge and another permanent ICJ judge voted mostly against the six emergency measures.
The panel is led by President Joan E. Donoghue from the US and Vice-President Kirill Gevorgian from Russia. They head a diverse bench with judges from 13 other countries including Slovakia, France, Morocco, Somalia, China, Uganda, India, Jamaica, Lebanon, Japan, Germany, Australia, and Brazil.
Who are the ICJ judges that voted against motions?
Julia Sebutinde – voted against all motions
Sebutinde is a British-trained Ugandan judge who is also the first African woman to have a spot in the International Court of Justice. Currently in her second term after being re-elected in 2021, Sebutinde has been a member of the court since 2012.
From 2005 to 2011, Sebutinde was a Judge of the Special Court for Sierra Leone, reportedly handling several high-profile war crime and corruption trials.
She holds a Doctorate of Laws, honoris causa, from the University of Edinburgh for distinguished service in the field of international justice and human rights achieved in 2009; a Master of Laws degree with distinction (LL.M.) also from the University of Edinburgh in 1990; and a Bachelor of Laws degree (LL.B.) from Makerere University in Uganda in 1977.
The judge was a Chancellor of the International Health Sciences University (IHSU) in Uganda between 2008 and 2011; a Goodwill Ambassador for the United Nations Population Fund (UNFPA) between 1996 and 2011; a member of the International Association of Women Judges (IAWJ) between 1996 and 2011; and more.
She is an author who has written academic papers, including one titled ‘International Criminal Justice: Balancing Competing Interests: The Challenges Facing Defence Counsel and Counsel for Victims and Witnesses.’
Many social media users have spoken out against Sebutinde for her consistent votes against the provisionary measures.
Aharon Barak – voted against most motions
Barak is an Israeli lawyer who was appointed to the 15-judge panel of the ICJ ahead of South Africa’s case against Israel. Under the ICJ’s rules, a country that does not have a judge to represent its own on the bench can choose an ad hoc judge.
The 87-year-old is a retired judge from the Israeli Supreme Court and a recipient of the Israel Prize for Legal Studies. According to an earlier Channel 12 report, Israeli Prime Minister Benjamin Netanyahu had approved Barak’s appointment.
Barak was born in Lithuania and, studied in Hebrew University’s high school, and continued to study law at the same institution, according to an online profile on the Jerusalem based Yadvashem, the World Holocaust Remembrance Center.
He reportedly served as a legal advisor to the government and played a role in the 1978 negotiations with Egypt. He was appointed to the Supreme Court in 1978, where he went on to serve for 28 years.
In his final 11 years on the bench, he reportedly served as the court’s Chief Justice. Barak has been reported to have played a key role in many contested decisions, including a ban on most uses of torture by Israel’s security services and its ruling against government policies that denied Arabs the right to live in some Jewish-majority neighborhoods.
He has been a protested-against individual by far-right Israelis and revered by more secular Jews.
After the announcement, some social media spoke out against Barak for his votes against the provisionary measures.
What were the emergency motions passed at ICJ?
South Africa brought the case to the ICJ this month, asking it to grant emergency measures to halt the fighting, which has killed more than 26,000 Palestinians.
It accused Israel of genocide in its offensive that began after Hamas militants stormed from Gaza into Israel, killing 1,200 and kidnapping more than 240. Many of the hostages held in Gaza have been released.
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Israel’s request to discard the case was not heeded. Instead, the panel of judges issued six emergency measures ordering Israel to take action to prevent its troops from committing genocide and other forms of punishment and to take steps to improve the humanitarian situation.
The full measures, as seen on the final ICJ order, are as follows:
By fifteen votes to two,
The State of Israel shall, in accordance with its obligations under the Convention on the Prevention and Punishment of the Crime of Genocide, in relation to Palestinians in Gaza, take all measures within its power to prevent the commission of all acts within the scope of Article II of this Convention, in particular:
(a) killing members of the group
(b) causing serious bodily or mental harm to members of the group
(c) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part
(d) imposing measures intended to prevent births within the group:
In favor: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke.
Against: Judge Sebutinde; Judge ad hoc Barak.
By fifteen votes to two,
The State of Israel shall ensure with immediate effect that its military does not commit any acts described in point 1 above:
In favor: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke.
Against: Judge Sebutinde; Judge ad hoc Barak.
By sixteen votes to one,
The State of Israel shall take all measures within its power to prevent and punish the direct and public incitement to commit genocide in relation to members of the Palestinian group in the Gaza Strip:
In favor: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke.
Against: Judge Sebutinde.
By sixteen votes to one,
The State of Israel shall take immediate and effective measures to enable the provision of urgently needed basic services and humanitarian assistance to address the adverse conditions of life faced by Palestinians in the Gaza Strip:
In favor: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judges ad hoc Barak, Moseneke.
Against: Judge Sebutinde.
By fifteen votes to two,
The State of Israel shall take effective measures to prevent the destruction and ensure the preservation of evidence related to allegations of acts within the scope of Article II and Article III of the Convention on the Prevention and Punishment of the Crime of Genocide against members of the Palestinian group in the Gaza Strip:
In favor: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke.
Against: Judge Sebutinde; Judge ad hoc Barak.
By fifteen votes to two,
The State of Israel shall submit a report to the Court on all measures taken to give effect to this order within one month as from the date of this Order.
In favor: President Donoghue; Vice-President Gevorgian; Judges Tomka, Abraham, Bennouna, Yusuf, Xue, Bhandari, Robinson, Salam, Iwasawa, Nolte, Charlesworth, Brant; Judge ad hoc Moseneke.
Against: Judge Sebutinde; Judge ad hoc Barak.
Israel’s war in Gaza
In more than 100 days of war, Israel’s relentless bombing and attacks have leveled much of the Middle Eastern enclave, in a move that Tel Aviv says is a response to the October 7 Hamas attack on Israel.
The war has displaced nearly 1.9 million Palestinians, many of whom are civilians and lacking access to basic resources – including sanitation, food and water, electricity, and more.
Diplomatic efforts to call for a ceasefire continue between world powers. An escalation outside Gaza and into neighboring states where Iran-backed proxies have a presence is a major cause of concern.
