POLL | Do you think ICJ judge Sebutinde’s opinion in the Israel genocide case was biased?
Image: University of Edinburgh
International Court of Justice (ICJ) judge Julia Sebutinde's dissenting opinion against the court's ruling on the Israel genocide charge has become controversial.
Sebutinde voted against all emergency measures ordered by the world court for Israel to undertake in the Gaza war, including one which compels the Jewish state to ensure provision of aid.
South Africa applied to the world court to order a suspension of Israel's military operations in Gaza. The South African legal team argued that Israel has committed genocide against Palestinians after the attacks by Hamas in Israel on October 7.
On Friday the ICJ ordered that Israel ensure immediate provision of basic services and humanitarian assistance to Palestinians in the Gaza Strip and ensure its military does not commit any acts of genocide.
Of the 17 judges, Sebutinde was the only one who voted against all the measures granted. She described the court's orders as redundant saying, some measures were the same as laws under the Genocide Convention to which Israel is a signatory.
She argued the genocidal intent allegations were invalid because Israel “warns” civilians of military operations in Gaza.
“I agree that any genocidal intent alleged by the applicant is negated by Israel’s restricted and targeted attacks of legitimate military targets in Gaza, its mitigation of civilian harm by warning them through leaflets, radio messages and telephone calls of impending attacks, and its facilitation of humanitarian assistance.”
The war ensued after Hamas' attack and was not “started” by Israel, she said. This nullified South Africa’s allegation that Israel had intentions to commit genocide against Palestinians.
At the weekend the Ugandan topped charts on social media as she was accused of being “pro-Israel” with her dissenting opinion. The Ugandan government has distanced itself from her dissenting opinion.
The government said: “The government categorically clarifies that the position taken by judge Sebutinde is her own individual and independent opinion, and does not in any way reflect the position of the government of the Republic of Uganda.”