The International Commission of Jurists has filed a formal request for an investigation into International Court of Justice (ICJ) Vice President Julia Sebutinde over her recent comments about Israel.
The commission, which advocates for human rights and rule of law worldwide, argued that Sebutinde’s position on Israel reveals a bias that brings judicial integrity into question. Sebutinde, who is one of the 17 judges in the ICJ genocide case against Israel, also faces other critics.
What was Sebutinde’s dissenting opinion on Palestine?
In a case filed in December 2023, South Africa alleged that Israel was committing genocide in Gaza during the war that began on October 7, 2023. South Africa argued that Israel’s actions in Palestine were genocidal because they intended to “bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group”.
On January 26, 2024, the ICJ issued a ruling on a number of interim steps. It ordered six provisional measures, telling Israel to:
- Take action to prevent acts of genocide
- Prevent incitement to commit genocide
- Let more humanitarian aid into Gaza
- Protect and keep evidence related to accusations of genocide under the Genocide Convention.
- Allow fact-finding missions
- Report to the court on measures taken
Fifteen of the 17 judges voted for all the emergency measures to be put in place. An Israeli judge voted for two of the six measures to be implemented. Sebutinde was the only judge to vote against all the measures.
In her dissenting opinion, Sebutinde wrote: “In my respectful dissenting opinion the dispute between the State of Israel and the people of Palestine is essentially and historically a political one. It is not a legal dispute susceptible to judicial settlement by the Court.”
She also stated that South Africa did not demonstrate that Israel’s alleged actions were “committed with the necessary genocidal intent, and that as a result, they are capable of falling within the scope of the Genocide Convention”.
The court’s final verdict is still awaited. Last year, the International Criminal Court issued arrest warrants for Israeli Prime Minister Benjamin Netanyahu and former Defence Minister Yoav Gallant for war crimes.
Several rights organisations have called Israeli actions in Gaza genocide. Israel has also been accused of war crimes and crimes against humanity during nearly 23 months of war, which have killed more than 62,000 Palestinians.
Who has called for Sebutinde to be investigated and why?
The Geneva-based International Commission of Jurists, made up of 60 judges and lawyers, wrote a letter on Friday to ICJ President Yuji Iwasawa requesting the investigation. It cited remarks Sebutinde made on August 10 at Watoto Church in Kampala, Uganda, where she said: “The Lord is counting on me to stand on the side of Israel.”
The letter added that Principle 2 of the UN Basic Principles on the Independence of the Judiciary affirms that “the judiciary shall decide matters before them impartially, on the basis of facts and in accordance with the law, without any … improper influences … from any quarter and for any reason.”
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