By Chen Maanit/Haaretz
Tel Aviv, January 4: Israel has chosen a British expert in international law, Prof. Malcolm Shaw, to represent it in the International Court of Justice where South Africa has issued a petition accusing Israel of genocide.
Prof. Shaw is considered one of the world’s leading experts on international law. He has advised the British government, other foreign governments and international organizations and has appeared before the ICJ in the past, as well as the European Court of Human Rights and Britain’s highest court. In addition, he wrote one of the key textbooks used in introductory courses on international law.
In the first stage of the case, Shaw will have to contend with South Africa’s request for an injunction ordering Israel to stop the war in the Gaza Strip on the grounds that it constitutes genocide. Though such an order could theoretically be enforced by the UN Security Council through sanctions, America would likely veto such a move.
Nevertheless, an injunction could result in Israel and Israeli companies being ostracized and subject to sanctions imposed by individual countries or blocs.
The ICJ announced on Thursday that it will hear South Africa’s petition next Thursday and Friday. The petition also accuses Israel of war crimes and crimes against humanity, including indiscriminate use of force and forcible displacement of Gazans.
Dr. Tamar Megiddo, an expert on international law at Hebrew University, noted that aside from arguing that Israel is in fact complying with international law, Shaw would have to argue that extremist statements by senior Israeli officials, such as “there are no innocents in Gaza,” have no relationship to Israel’s official policy or what the army is actually doing in Gaza.
Last week, Military Advocate General Yifat Tomer-Yerushalmi warned senior army officers that there’s a real risk of the ICJ issuing such an injunction.
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