Critic of Israel’s ‘discriminatory’ West Bank rule becomes ICJ’s top judge

Japan’s Yuji Iwasawa succeeds Lebanon’s Nawaf Salam as president of the court

Yuji Iwasawa was elected by fellow judges to be the second Japanese president of the International Court of Justice. EPA

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The world court hearing charges of genocide taking place in Gaza has elected a Japanese judge who has condemned Israel's "discriminatory" treatment of Palestinians as its new president.

Yuji Iwasawa will lead the International Court of Justice (ICJ) in the Netherlands after his predecessor, Nawaf Salam, resigned to become Prime Minister of Lebanon. Under Mr Salam's leadership, the court ordered Israel to curb its assault on Gaza but it has yet to try the full allegations of genocide.

The court's number two, Uganda's Julia Sebutinde – who has sided with Israel in the genocide case – had initially filled in as acting president. But the 15-member bench chose to hold an early election and install Mr Iwasawa as president, rather than hold out until the next regular election in 2027.

Mr Iwasawa, 70, is a former law professor in Tokyo who has sat on the world court in The Hague since 2018. In the Gaza genocide case, brought before the court by South Africa, he has consistently voted with the majority in warning Israel to comply with the laws of armed conflict.

Nawaf Salam resigned as ICJ president in January to return to politics as Lebanon's Prime Minister. EPA

The ICJ also declared last July that Israel's occupation of the West Bank was unlawful and should end "as rapidly as possible". In that case, Mr Iwasawa wrote a separate opinion saying the court should have gone further in criticising Israeli practices.

"The discriminatory aspect of the dual legal system introduced by Israel in the West Bank deserved more attention," he wrote. "While settlers are subject to Israeli criminal law, Palestinians living in the West Bank are governed by military law and prosecuted in military courts.

"Differential treatment between Palestinians and settlers is also found in the national health insurance law, taxation law, election law, and in the enforcement of traffic laws ... the dual legal system introduced by Israel in the West Bank treats Palestinians and settlers differently."

Mr Iwasawa said the decision that Israel's actions were illegal "relates to the entirety of the occupied Palestinian territory, including Gaza". However, he wrote that Israel was not obliged to withdraw from Gaza immediately, given its "legitimate security concerns", in a caveat to the court's verdict.

He rejected pro-Palestinian arguments in another case that sought to block Germany's arms sales to its ally Israel. He said German rules on weapons exports "appear robust" and told Nicaragua, which had brought the case, that it had failed to demonstrate an urgent need to intervene.

The ICJ has issued repeated orders from The Hague to restrain Israel's military campaign in Gaza. EPA

ICJ cases typically take years to resolve and it may well be beyond 2027 by the time the full arguments are heard in South Africa v. Israel. Mr Iwasawa could then seek election to a full term as president if he chooses.

South Africa has three times asked the court to issue emergency orders to Israel before the full genocide claim is heard. Judges initially asked Israel to do all it could to prevent genocide, then went further by telling it to "immediately halt" its offensive in Rafah, by a 13-2 vote. Only Ms Sebutinde and Israeli appointee Aharon Barak voted in opposition.

The ICJ's senior judge presides over the court's hearings, has a casting vote when the bench is evenly split and wields considerable influence over its agenda, schedule and the drafting of opinions. Mr Iwasawa will be the second judge from Japan to lead the court after 2009-12 president Hisashi Owada, the father-in-law of Emperor Naruhito.

Mr Salam's resignation created only the second such vacancy in the ICJ's history, after former president Humphrey Waldock died in 1981, at which point vice president Tamsin Elias assumed the top job in the Dutch administrative capital.