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A leading international barrister based in the UK is to represent Israel at the International Court of Justice next week when judges hear the petition by South Africa that alleges “genocidal acts against the people in Gaza”.
Prof Malcolm Shaw is to make the case for Israel as it seeks dismissal of a filing that “Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza”.
The call for intervention from the ICJ alleges Israel has broken its obligations under the Genocide Convention.
South Africa, among other urgent measures, is asking the court to order that “Israel shall immediately suspend its military operations in and against Gaza” and that both countries “take all reasonable measures within their power to prevent genocide”.
The Peace Palace in The Hague is familiar ground for Prof Shaw who has previous represented at least four nations at the ICJ, including Ukraine in a commercial arbitration case and Cameroon on boundary issues.
Prof Shaw, 76, represented the UAE in at least one case, an aviation dispute with Qatar.
He is a member of Essex Court Chambers, a leading set of barristers' chambers in central London specialising in, among other fields, public international law.
Prof Shaw has developed an international reputation for advising on territorial disputes, maritime law, state succession, state immunity, the recognition of foreign governments and states, and human rights.
He has also given advice to a number of foreign governments, including the UK, international organisations, multinational corporations and private clients.
He has appeared at the European Court of Human Rights and the European Court of Justice.
Prof Shaw has also represented or advised the Canadian province of Quebec on its status, as well as Ireland on neutrality and armed conflicts, and Cyprus on state succession.
He graduated from the University of Liverpool and the Hebrew University of Jerusalem and founded the Human Rights Centre at the University of Essex in 1983.
Israel signed the Genocide Convention and is subject to the jurisdiction of the ICJ and its rulings.
But ICJ rulings are not always adhered to, notably a 2022 order for Russia to halt its invasion of Ukraine.
South Africa brought the case against Israel to the ICJ. Its ICJ application referred to alleged breaches by Israel of its obligations under the Genocide Convention.
“Israel has engaged in, is engaging in and risks further engaging in genocidal acts against the Palestinian people in Gaza,” the application said.
South Africa also alleged Israel was acting “with the requisite specific intent … to destroy Palestinians in Gaza as part of the broader Palestinian national, racial and ethnic group”.
The first hearing date is Thursday, January 11.
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