An Israeli Foreign Ministry spokesperson confirmed media reports on Sunday. Israeli Prime Minister Benjamin Netanyahu approved the appointment of the 87-year-old Holocaust survivor. Israeli media had previously unanimously reported that Barak would become part of Israel's panel of judges.
The news came as a surprise because Barak is seen as a critic of judicial reform that Netanyahu's right-wing religious government tried to implement last year despite violent protests. Barak compared the planned restructuring of the judiciary to a “tank revolt” that would transform Israel into a “hollowed democracy.”
Renowned lawyer and Holocaust survivor
The Times of Israel wrote that Barak was highly respected internationally and that Netanyahu followed Israeli Attorney General Gali Baharav-Miara's recommendation with his appointment. Barak is considered in Israel to be one of the most well-researched lawyers in the country.
Born in Lithuania, Barak and his family were detained in the Kaunas ghetto following the Nazi occupation of the country. But the family managed to escape and went to Rome until the end of the war. From there they emigrated to Jerusalem. Barak studied at Harvard, was dean of the law school at the University of Jerusalem and served as chief justice of Israel from 1995 to 2006.
ICJ Special Rules
The fact that Israel can even send a judge to The Hague is due to the special procedural rules of the International Court of Justice. If a state does not have a judge handling a case, it may also send its own judge. This applies to both plaintiff and defendant states.
AP/Peter Dejong The ICJ is the highest judicial body of the UN and is based at the Peace Palace in The Hague, Netherlands
South Africa is also sending its own ad hoc judge to the case. According to South African media, this is former deputy chief justice Dikgang Moseneke. South Africa sued Israel before the ICJ on suspicion of genocide due to its military operation in the Gaza Strip.
South Africa invokes the Genocide Convention
South Africa is citing the Genocide Convention in its case. Both states have signed this convention. From South Africa's perspective, UN judges should first order an end to violence against Palestinians in an urgent procedure in order to protect their rights. Israel has firmly rejected South Africa's allegations. The terrorist organization Hamas is solely responsible for the suffering of Palestinians in Gaza. It was argued that Israel was doing everything in the war to keep damage to the civilian population as low as possible.
The court scheduled hearings in the case for January 11th and 12th. UN court decisions are generally binding. However, judges do not have the power to force a State to implement it.