‘Pro-Israel judge’ to replace Lebanon’s Nawaf Salam as ICJ head

Controversial Ugandan judge Julia Sebutinde, who defended Israel against accusations of genocide in Gaza, is set to assume the presidency of the International Court of Justice (ICJ) after former head Nawaf Salam was appointed as Lebanon’s new premier this week. 

Sebutinde garnered attention for her staunch opposition to South Africa’s genocide allegations against Israel and is expected to succeed Salam following his resignation, effective Tuesday. 

Salam, a Lebanese jurist, was appointed on Monday by Lebanon’s President Joseph Aoun to form a government aimed at rescuing the economically beleaguered nation.  

Sebutinde’s abrupt appointment marks only the second time in ICJ history that a vice president has filled a vacancy caused by a sitting president’s departure.  

The first occurred in 1981 when Vice President Tamsin Elias succeeded Humphrey Waldock following his passing. 

Sebutinde, the first African woman appointed to the ICJ in 2012, may face questions regarding her impartiality. 

She was one of only two judges – alongside Israeli appointee Aharon Barak – to vote against an ICJ directive calling on Israel to immediately halt its military operations in Gaza. 

 The court’s July 2024 ruling, which passed 13-2, also found Israel’s presence in occupied Palestinian territory unlawful.  

In a dissenting opinion, Sebutinde described the proceedings as a “one-sided forensic audit of Israel’s compliance with international law”.

Her stance on South Africa’s emergency genocide request further underscored her position.  

She argued that the conflict between Israel and Palestine was “essentially and historically a political one” and thus beyond the court’s jurisdiction. 

Sebutinde also contended that South Africa had failed to demonstrate genocidal intent on Israel’s part under the terms of the Genocide Convention. 

Legal experts criticised Sebutinde’s reasoning, claiming it lacked a thorough evaluation of the facts. Her stance sparked diplomatic tensions, with Uganda’s UN Ambassador Adonia Ayebare publicly distancing the government from her position. 

In January 2024 on X, Ayebare clarified: “Justice Sebutinde’s ruling at the International Court of Justice does not represent the Government of Uganda’s position on the situation in Palestine.”

Sebutinde’s career has been punctuated by high-profile cases. In 2011, she was one of three judges in the trial of former Liberian President Charles Taylor at the Special Court for Sierra Leone.  

Taylor was convicted of 11 counts of war crimes and crimes against humanity, including murder, rape, and the use of child soldiers, resulting in a 50-year prison sentence. 

Although Sebutinde was elected ICJ vice president in February 2024, her involvement in South Africa’s genocide case against Israel remains uncertain. 

 ICJ cases often span several years, and the case may not reach its main arguments until after its term concludes in 2027.