ICJ rejects request to drop Egyptian judge

[Gimel]

The International Court of Justice in The Hague has rejected Israel's request to disqualify an Egyptian judge from the tribunal that will render an advisory opinion on the legality of the security barrier Israel is building in Palestinian territories, the court said yesterday.

Israel sought the removal of Judge Nabil Elaraby, citing his earlier job as legal adviser to the Egyptian government and what it described as a prejudicial newspaper interview in 2001. By a vote of 13-1, the court ruled on Friday that Elaraby would remain on the bench. Only the court is empowered to excuse one of its judges. The dissenting vote was an American justice.

As a government legal adviser, Elaraby sat across from the Israelis at the negotiating table on several occasions, dating back to the successful Camp David agreements in 1978 that led to the Egypt-Israel peace treaty. He was elected to the 15-member world court in October 2001 for a nine-year term.

Israel complained to the court, however, that he instigated anti-Israeli measures at the UN General Assembly while serving as an Egyptian ambassador to the UN.

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http://www.haaretzdaily.com/hasen/pages/ShArt.jhtml?itemNo=390418

[David__77]

1. If Israel doesn't care about the court, why are they making such requests?

It seems contradictory. They say the court doesn't matter at all and then ask for changes--why? It undercuts their arguments.

[Muddleoftheroad]

2. It doesn't undercut anything

Any good legal mind will attack any problem a thousand different ways. It's clear that the court will be stacked against Israel. I'm certainly unsurprised.

[tinnypriv]

3. "stacked against Israel"; for the facts:

The nationalities of the current judges on the ICJ: ¹

China, Madagascar, France, Sierra Leone, Russia, United Kingdom, Venezuela, Netherlands, Brazil, Jordan, United States of America, Egypt, Japan, Germany, Slovakia.

Points to note:

1. The two Arab states both have peace agreements with Israel.

2. There are several allies of Israel on the court, who outnumber "hostile" states (assuming any can be classified as such; perhaps France, given the ideological climate in Israel and the US).

3. The overwhelming majority are democratic states, even if you exclude Russia.

4. If you want a court that is "pro-Israel" enough to satisfy reactionary GOI supporters, you'll have to wait for somebody to invent a method of having a "world court" that somehow excludes the world part of it.

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1. Note that pointing this out does not mean I subscribe to the racist assumption that the nationality of a person will affect their legal arguments.

[Gimel]

6. Procedural step

If anyone here is an attorney or familiar with American jury trials, you would no that before the hearings begin, the defense is allowed to question the jurors and ask for a replacement if they find any that might be biased. The purpose is to eliminate bias in the jury, which might prejudice the outcome. A legitimate step. The Jordanian judge, you will notice, was not considered biased.

Obviously, it is the record of this particular individual judge that brought the request.

[Muddleoftheroad]

7. Who are the "several allies" of Israel?

I see one. The U.S.

[David__77]

8. Don't forget Micronesia and El Salvador...

There are a few Taiwan and Israel allies in UN votes and the such--"dollar diplomacy."

[Muddleoftheroad]

9. The post said "several"

I see one.

[David__77]

10. You are correct.

Since democracy came to Chile and South Africa, Israel only has one, consistent ally that supports it 98% of the time.

[Muddleoftheroad]

12. Democracy?

Hmm, the original list included two Arab nations -- neither paragons of virtue in that area -- France, which turned over Jews to Germany in WWII. And of course...Germany.

Yeah, lots of potential allies there.

[David__77]

14. That's not what I said.

I did not say that these countries are allies of Israel. Someone else said that. I said that when apartheid was in South Africa, and Chile was under fascism, Israel had two more allies. Only the US supports them now almost always.

[Blitz]

15. Actually, Israel is developing other alliances

Generally, Israel winds up on good terms with countries that are fighting Islamists within their own borders. India and Turkey are good examples of this. I expect that as the war against Islamism heats up over the next several years, Israel will continue to gain allies.

[tinnypriv]

11. UK, Germany, US

To a certain extent, China (less so after the military sales fell through), Japan (quite even-handed), Egypt and Jordan (though not on the fence, especially so in the latter case).

The others are roughly ambivalent, with perhaps the exception of Brazil (which under Lula is less rhetorically inclinded to support the GOI lock-step) and the Dutch (who take a less pro-Israel line in the EU).

[Muddleoftheroad]

13. You must be kidding

Only the U.S. counts as Israel's ally. The UK falls under that umbrella ONLY when it is working in cooperation with the U.S. Other times, it is very Arab friendly.

China is not especially friendly or antagonistic to Israel, but it is opportunistic and can change who it helps at a whim.

Germany is, well, Germany. It is certainly no ally to Israel or the Jewish people.

Egypt and Jordan might have found nonwar with Israel, but they are far from allies. And Japan doesn't have enough relationship with Israel to count as an ally.

[tinnypriv]

16. "Arab friendly"

Who is kidding again?

We've been a blight on that region for decades.

[Muddleoftheroad]

17. Depends on your point of view

Either way, the UK has often sided with the Arabs.

[tinnypriv]

18. "Arabs"

You must mean "Arab regimes", which of course is not the same thing, and not good for either Arabs or Israelis.

[David__77]

4. Not legally, but politically.

It just really seems to me that if Israel wishes to say politically that the court is not legitimate, then it should not have formal dealings with it. Regardless of my views on the barrier, I would say the same thing.

[Gimel]

5. Not the position of the GOI

Israel never said the the court itself was not legitimate, rather, like some 34 other nations, believes that it is a political matter and inappropriate for the Hague court to rule on.

However, they are going through a legitimate process to express this opinion. Abiding by the ruling of the advisory capacity of the court is another matter entirely.

Of course Israel has already prepared arguments to present to the Hague court.