Most Israelis glued themselves to their television sets in January of this year as Israel mounted a legal defense at the International Court of Justice (ICJ) in the Hague, the Netherlands, in response to South Africa’s allegations that Israel’s actions in Gaza during its war with Hamas amounted to crimes of genocide.
South Africa claimed that Israel’s military actions were “genocidal in character” and accused the Jewish state of intending to destroy Palestinians in Gaza, a charge Israel firmly denied.
To navigate the country through this unprecedented and complex case, Israel selected a defense team consisting of some of the most esteemed legal experts in the field.
Israel appointed Aharon Barak, former president of the Israeli Supreme Court, as its ad hoc judge. According to ICJ rules, a country that is involved in a case and does not have a judge of its nationality on the 15-strong bench can nominate an ad hoc judge.
Barak, one of Israel’s most influential legal figures, brought a wealth of judicial experience to the table, having served on the Supreme Court from 1978 to 2006. His role on Israel’s defense team highlighted the importance Israel placed on securing high-caliber legal minds to counter the serious accusations laid against it.
British lawyer Malcolm Shaw, a globally renowned authority on international law, territorial disputes, and human rights issues, also led Israel’s defense. Shaw’s deep experience with cases involving international borders, the law of the sea, and state immunity made him an ideal candidate to lead Israel’s defense in this landmark case. His extensive career includes advising various governments, such as the UK, UAE, Serbia, and Ukraine, as well as appearing before international tribunals like the ICJ and the European Court of Human Rights.
The legal team also included Dr. Tal Becker, the Ministry of Foreign Affairs’ legal adviser, and Dr. Galit Rajwan, head of the Ministry of Justice’s International Procedures Cluster. Other key figures were Colonel Roni Katzir, head of the Department of International Law at the Ministry of Defense, and Daniel Garon, the National Security Council’s head of legal affairs. Attorney Dr. Omri Sander, representatives from the Prime Minister’s Office, and other governmental bodies also contributed their expertise to ensure a comprehensive and robust defense.
The International Court of Justice (ICJ) ruled that the 1948 Genocide Convention could potentially classify Israel’s actions in Gaza as genocide. As a result, the Court issued provisional measures, instructing Israel to take all necessary steps to prevent any acts that might violate the Genocide Convention. However, the ICJ did not mandate Israel to halt its ongoing military operations in Gaza, focusing instead on preventive actions related to genocide allegations.In February, Israeli Foreign Minister Israel Katz honored the team for their tireless efforts, praising their skillful representation of Israel in the face of what he described as South Africa’s “false and hostile slurs.” Katz stated that the defense team had stood as the “voice of truth and justice” for Israel on the international stage.
The case underscored not only the ongoing conflict between Israel and Gaza but also the significant role international law plays in shaping global perceptions and outcomes. With figures like Shaw and Barak at the helm of Israel’s defense, the nation underscored its commitment to defending its actions and reputation against serious international allegations.