Aharon Barak on Supreme Court President Hayut: "The greatest of the presidents of the courts" / Photo: Shai Werker
Former Supreme Court President Aharon Barak will be the judge who will join the hearing on behalf of the State of Israel at the International Court of Justice in The Hague, a senior Israeli official told Walla.
The hearing at the International Court of Justice is taking place on South Africa's request to initiate legal proceedings against Israel for committing genocide in Gaza. At the hearing, which begins on Thursday, Israel will face for the first time a lawsuit filed against it by another country.
An Israeli source familiar with the details noted that other names considered to serve as an Israeli judge at the ICC in The Hague were former Supreme Court President Dorit Beinisch and international law professor Yuval Shani. The source noted that Israel also examined the names of non-Israeli judges who are recognized in the international arena, and that in the end the choice of Aharon Barak was natural in light of his vast experience and international standing. Finally, the team suggested Barak to Attorney General Gali Baharav Miara, who recommended him to Prime Minister Benjamin Netanyahu.
Natural choice. Aharon Barak/Reuven Castro
This is a real drama, as South Africa is also seeking temporary relief. If the ICC decides to accept this request, it may issue an order ordering Israel to stop the war in Gaza. While the ICC has no "teeth" and cannot de facto enforce the order, the UN Security Council may issue a resolution against Israel as a result of such an order.
A court order could make it very difficult for friendly countries like the United States to veto such a resolution. In addition, the Americans may find it difficult to pass an aid package in Congress to finance and arm Israel if such an order is issued.
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International Court of Justice in The Hague/Reuters
Last week it was reported that Malcolm Shaw, a British expert on international law, represented Israel at a hearing at the International Court of Justice in The Hague. Alongside Shaw, the Israeli team will include jurists from the Foreign Ministry and the Justice Ministry. Shaw is a professor of international law. An Israeli source said Shaw had provided legal advice and assistance to the Israeli government on several occasions in the past.
He is going to represent Israel in the debate. Malcolm Shaw/official website, The Institute of International Law
Professor Malcolm Shaw told Walla! He "felt proud and honored" to have been asked to represent Israel at the International Court of Justice. "The hearing in the case is next week and I have to work. My experience has taught me that anything I say publicly will be exploited by the other side," he said.
Former Deputy Attorney General for International Law Roy Scheindorff said that Professor Malcolm Shaw is one of the world's leading experts in the field of international law and has represented many countries in legal proceedings in the international arena, including before the International Court of Justice in The Hague. "His books are considered basic books in the field of international law. This is a professional appointment worthy of handling one of the most important cases in the State of Israel's handling of the international legal arena." said Scheindorf
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