Aharon Barak, a former president of Israel’s supreme court, has been appointed as a judge to join the panel of the International Court of Justice (ICJ) hearing South Africa’s claim that Israel is committing genocide in its war in Gaza. Barak, who is 87, is a renowned jurist and has earned both acclaim and condemnation for spearheading what he called Israel’s “constitutional revolution.” His supporters see him as the man who protected Israel’s fragile democracy from rising populism and religious fundamentalism, while his detractors view him as a “judicial dictator” who imposed liberal values that contradict traditional Jewish ones. Despite opposition from his Likud party, Israeli Prime Minister Binyamin Netanyahu made the decision to appoint Barak to the ICJ.
Barak’s appointment to the ICJ is seen as significant due to his expertise as a legal scholar and his personal history as a Holocaust survivor. The ICJ is currently hearing South Africa’s claim that Israel is committing genocide in its war in Gaza. The Genocide Convention, drawn up in 1948 to prevent another Holocaust from occurring, is being used as the basis for this claim. Barak’s appointment is seen as a strategic move to defend Israel against these charges, as he is well-versed in international law and has a deep understanding of the historical context.
Barak’s appointment comes at a time when Israel’s right-wing government, led by Netanyahu, has been attempting to dismantle his constitutional legacy. The government has sought to weaken the courts, gain control over the appointment of new judges, and roll back Barak’s precedents. However, with this appointment, Netanyahu has defied his hard-right supporters and made a decision that aligns with the interests of Israel as a whole. Barak’s appointment to the ICJ is a recognition of his expertise and his ability to effectively represent Israel’s interests on the international stage.
Overall, Aharon Barak’s appointment to the ICJ represents a significant moment in Israel’s legal and political landscape. Despite controversy surrounding his legacy and his role in Israel’s constitutional revolution, Barak’s expertise and personal history make him a fitting candidate to defend Israel against charges of genocide. Netanyahu’s decision to appoint him, despite opposition from his own party, demonstrates a recognition of Barak’s qualifications and a willingness to prioritize Israel’s interests over political considerations.
