British KC chosen to defend Israel over genocide claim

A BRITISH barrister will represent Israel in the International Court of Justice next week, as the country defends itself against a claim of genocide.

Professor Malcolm Shaw KC, a leading expert on territorial disputes and an author on the law of genocide, was said to be “proud, honoured and privileged” to have been handed the case.

A graduate of both the University of Liverpool and the Hebrew University of Jerusalem, Professor Shaw’s selection signals Israel’s reversal of a decades-long policy of boycotting the UN court, which is based in The Hague.

Israel’s decision to contest the claim of genocide brought by South Africa, which has long likened the plight of the Palestinians to black South Africans under apartheid, is a high-stakes gamble, as it will make it harder to dismiss any adverse findings.

The Israeli government has denounced South Africa’s application as a “blood libel” against the Jewish state.

It comes at a delicate time, with intense global scrutiny focused on its operation in Gaza in response to the Oct 7 massacre by Hamas. Professor Shaw, 76, has represented at least four national governments before the ICJ, including those of the United Arab Emirates, Serbia and Cameroon.

Although he is best known for his work on territorial boundary disputes, he is a noted human rights expert, setting up the Human Rights Centre at the University of Essex in 1983.

He is also the author of a widely used textbook on international law and previously taught a course on human rights and territory as an adjunct professor at the Hebrew University in Jerusalem.

Israel is a signatory to the Genocide Convention adopted by the United Nations General Assembly in 1948 and is therefore subject to the jurisdiction of the ICJ and its rulings.

South Africa has applied for an interim decision by the court, meaning a provisional judgement could come within weeks, potentially while Israel continues its ground campaign in Gaza.

However, ICJ rulings are often ignored, including an order in 2022 for Russia to halt its invasion of Ukraine.

Initial public hearings in the forthcoming case are scheduled for Thursday and Friday next week.