President of Israel Supreme Court resigns as Israeli ad hoc judge at ICJ

The former president of Israel’s Supreme Court, Aharon Barak, has stepped down from his position as an ad hoc judge on an International Court of Justice (ICJ) panel reviewing South Africa’s accusing Israel of committing genocide in Gaza.

In a resignation letter submitted this week, Barak, 87, cited personal and family reasons for his departure. According to ICJ rules, if a state does not have a judge of its nationality on the bench, it can appoint an ad hoc judge for its case.

During his five months as an ad hoc judge, Barak expressed dissenting opinions on four rulings issued by the Court against Israel this year.

Most recently, he was among four judges who contended that the ICJ’s ruling last month, which ordered Israel to halt operations in Rafah that could harm civilians, did not mandate a complete cessation of military actions in the southern Gaza Strip.

Instead, the order required “only in so far as is necessary to comply with Israel’s obligations under the Genocide Convention”. He was one of two judges who dissented from the 13-2 decision.

READ: Spain to join South Africa’s ICJ genocide case

According to Reuters, it remains unclear who Israel will appoint to replace Barak.

In a statement expressing gratitude for Barak’s service at The Hague, Israeli President, Isaac Herzog, said: “We will continue to stand steadfast against the evil, hypocrisy and libels cast against the State of Israel and IDF (Israel Defence Forces).”

In December last year, South Africa filed a genocide case against Israel over the war in Gaza declaring that Israel was in breach of its obligations under the Genocide Convention.

The 1948 Genocide Convention is the basis for South Africa’s ICJ case against Israel for allegedly committing genocide in Gaza as that treaty grants the Court jurisdiction to rule on disputes between signatories about the convention.

Last month, the World Court ordered Israel to prevent acts of genocide against Palestinians and do more to help civilians, although it stopped short of ordering a ceasefire as requested by South Africa.

Besides killing more than 36,000 Palestinians and wounding 80,000 more since 7 October, the Israeli military offensive has devastated much of the enclave which is home to 2.3 million people, leaving most civilians homeless and at risk of famine. Civilian infrastructure has been attacked and destroyed, including homes, schools and medical facilities.

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