British barrister to represent Israel at ICJ in fight against Gaza ‘genocide’ claim

Professor Malcolm Shaw KC has developed an international reputation for advising on territorial disputes and law

Professor Malcolm Shaw

British barrister Professor Malcolm Shaw has been picked to represent Israel next week in the hearing at the International Court of Justice (ICJ) over South Africa’s claim is it committing genocide in the war against Hamas in Gaza.

Shaw has developed an international reputation for advising on territorial disputes and has appeared previously before the ICJ and at the UK Supreme Court, the House of Lords and the  the European Court of Justice.

The Essex Court Chambers KC told the journalist Barak Ravid he is “proud, honoured and privileged” at being asked to represent Israel at The Hague.

He is the author of a widely-cited textbook on international law and has previously represented  the United Arab Emirates in a case at the ICJ.

Israel will fight South Africa’s claim that it is committing “genocidal” acts in Gaza, a spokesperson confirmed.

“History will judge you, and it will judge you without mercy,” Eylon Levy said, addressing South African leaders.

Levy also said Israel wanted , “to dispel South Africa’s absurd blood libel”.

The ICJ has sat in judgement on Israel once before, in 2004, when it found that Israel’s barrier built in and around the occupied West Bank was against international law.

Israel had said the barrier was built to thwart suicide bombings from the West Bank.

House of representatives in the Hague, Netherlands. Source: Wikimedia Commons. Credit: João Pimentel Ferreira

Israeli Prime Minister Benjamin Netanyahu has rejected South Africa’s allegations when it filed the lawsuit, saying “No, South Africa, it is not we who have come to perpetrate genocide, it is Hamas.”It would murder all of us if it could. In contrast, the IDF [Israeli army] is acting as morally as possible.”South Africa filed the case at the ICJ on Friday.

iIsrael declared war on Hamas after the terror group led a massive attack on communities inside Israel, killing about 1,200 people, mostly civilians, and taking some 240 others back to Gaza as hostages.

An Israeli armored personnel carrier return from the Gaza strip amid continuing battles between Israel and Hamas on December 12, 2023 in Gaza border, Israel.

But in an 87 page submission to the ICJ South Africa alleged “acts and omissions by Israel” are “genocidal in character because they are intended to bring about the destruction of a substantial part of the Palestinian national, racial and ethnical group”.

South African government lawyers are preparing for the case to be heard on 11 and 12 January, Clayson Monyela, a spokesperson for South Africa’s Department of International Relations and Cooperation, said on X.

The ICJ is the UN’s highest court which settles disputes between states and gives advisory opinions on international legal issues.

But it does not have the power to bring prosecutions.

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