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Pro Israeli Judge poised to preside over the ICJ

Julia Sebutinde, left, has been vice president of the International Court of Justice since last February, serving under Nawaf Salam, right, who is now Lebanon's Prime Minister. Reuters
Julia Sebutinde, left, has been vice president of the International Court of Justice since last February, serving under Nawaf Salam, right, who is now Lebanon's Prime Minister. Reuters
Written by Aparna Rawal

Judge Julia Sebutinde, a Ugandan jurist is all set to assume the presidency at the International Court of Justice (ICJ). Judge Sebutinde is famously known for an opposing ICJ opinion in July 2024 which found Israel’s presence in occupied Palestinian territory to be unlawful. She pointed out the case to be  a “one-sided forensic audit of Israel’s compliance with international law”. Sebutinde was one of the two judges besides Israeli appointee Aharon Barak who issued dissenting judgements while 15 others voted for the emergency measures which covered most of what South Africa had asked for in the case of the Israel-Palestine conflict.

According to Reuters, “Uganda has distanced itself from an opinion written by a Ugandan judge on the International Court of Justice (ICJ) dissenting from the panel's ruling in South Africa’s genocide case against Israel”. Uganda declared her remarks to be personal and independent non-reflective of Uganda’s stance which adhered to its position as a Non-Aligned Movement (NAM) member.

Sebutinde has been the Member of the Court since 6 February 2012, re-elected from 6 February 2021 and later elected as the Vice-President of the Court as from 6 February 2024.

At the moment, Nawaf Salam, who has been named as the new Prime Minister of Lebanon, has resigned as a member of the International Court of Justice. Salam's term as head of the ICJ was to end in early February 2027.

Julia Sebutinde, left, has been vice president of the International Court of Justice since last February, serving under Nawaf Salam, right, who is now Lebanon's Prime Minister. Reuters
Julia Sebutinde, left, has been vice president of the International Court of Justice since last February, serving under Nawaf Salam, right, who is now Lebanon's Prime Minister. Reuters

Due to these developments, Sebutinde is set to assume the presidency of the International Court of Justice (ICJ). This is considered to be second time in ICJ history when a vice president has filled a vacancy caused by an acting president's departure. In 1981, Vice President Tamsin Elias succeeded Humphrey Waldock following his demise when in office. Since no new elections for a President and Vice president has served as a precedence for  appointing a replacement for the head of ICJ under such circumstances , it may be assumed the Sebutinde may be the next head in line.

Early years

Sebutinde commenced her education at Lake Victoria Primary School in Uganda’s former administrative capital Entebbe. At the time Entebbe was still under the British rule. In 1968 she joined Gayaza High School  followed by then Kings College Buddo, and later acquiring her law degree at the Makerere University.

She served in the Ministry of Justice in Uganda from 1978 to 1990. At the ministry she attained  the level of Principal State Attorney / Principal Legislative Counsel.

In 1991, she joined Edinburgh Law School, University of Edinburgh, for her Master of Law. In 2009, she was awarded an honorary doctorate in law by the University of Edinburgh.

In 1991-1996, working as a  Legislative Consultant at the Commonwealth Secretariat, London, she was assigned to the newly-independent Republic of Namibia, where she served as a legal expert for the Ministry of Justice. By 1996, she was appointed as the Judge of the High Court of Uganda.

Judge Sebutinde has chaired three Commissions which investigated allegations of corruption in the Uganda Police Force, the Ministry of Defence and the Uganda Revenue Authority, respectively from 1999 and 2003.

In 2007, Sebutinde was appointed as the judge of the Special Court for Sierra Leone. Her prominence grew post her role in the trial of Liberian President Charles Taylor.

By March 2012, she was appointed as a judge at ICJ , becoming the first African woman to sit on the ICJ.

She is now the chancellor of Muteesa I Royal University, a university owned by Buganda kingdom (Bantu kingdom within Uganda).

Sebutinde-“Israel’s right to defend itself”

Some have speculated that Judge Sebutinde may avoid addressing the arguments in the genocide case brought by South Africa against Israel, because ICJ cases typically take years to deliberate, which may be past the end of her term in 2027. In such a case, it would be logical for her to seek election as president in her own right.

South Africa’s persistence to have ICJ intervene  in Israel Palestine conflict was opposed by Sebutinde and Israeli appointee Aharon Barak.

Judge Sebutinde stressed that Israel had taken “concrete actions” to provide aid to Gaza and that lawyers for South Africa had “not demonstrated” any genocidal intent on the part of the Israeli military. She said the conflict was “essentially and historically a political one" which was not for judges in Hague to resolve.

In rational choice of words, she ascertained that claims of Israel’s genocidal intent is “negated” by Israel’s precise attacks on “legitimate military targets”, its warnings to civilians and its continued efforts to provide aid. “A careful examination of Israel’s war policy and of the full statements of the responsible government officials further demonstrates the absence of a genocidal intent” she stated.

This staunch approach may have not been received favourably by those supporting the Hamas government or those who identify the anti Israeli propaganda as a matter of fact, given the casualty numbers or death tolls projected were delivered by the same Hamas aligned entities.

The Israeli Prime Minister Ariel Sharon carried out Israel’s plan of unilateral disengagement from the Gaza Strip and North Samaria on 15 August 2005. The objective was to improve Israel’s security and international status in the absence of peace negotiations with the Palestinians. Post implementation of the plan, IDF installations and security forces were relocated while 9000 Israeli citizens living in 25 settlements were evicted. It is important to mention that by 22 September 2005, Israel’s withdrawal from the entire  Gaza Strip to the 1967 Green Line, and the eviction of the four settlements in Samaria, was accomplished.

In June 2007 Hamas took over the Gaza Strip from the Palestinian Authority and since then several thousands of rockets and mortar shells have been fired from the Gaza Strip onto southern Israeli towns and villages, terrorizing and uprooting the lives of Israeli civilians.

The views on the Israeli – Palestinian conflict remain divided but it would be asinine to concur that Sebutinde would act independently given she would be expected to preside over an international judicial body.

With Mr Salam’s departure for Lebanon, a spot for a regular judge on the bench remains vacant. The UN Secretary General is ikely to initiate the procedure for an election which will be followed up by the UN General Assembly and Security Council to elect a new member.

About the author

Aparna Rawal

Aparna Rawal is an independent research analyst and writer specializing in Af/Pak region and counter-terrorism. She was the former Editor-in-chief for Voice of Baloch. She possesses MA in International Relations and Diplomacy from Annamalai University, India.

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