The International Court of Justice now led by Evangelical Judge, Julia Sebutinde
The resignation of International Court of Justice President Nawaf Salam to become Lebanon's Prime Minister has elevated Vice President Julia Sebutinde to the role of Acting President, marking a dramatic shift in the court's leadership.
Under Article 13 of the ICJ Rules, Vice President Sebutinde will fulfill all presidential duties until February 2027, when Salam's original term would have ended. The Christian Ugandan jurist, who became the court's first African female judge, has expressed markedly different positions from her predecessor on cases involving Israel.
On 6 February 2024, the Court elected Judge Nawaf Salam (Lebanon) as President and Judge Julia Sebutinde (Uganda) as Vice-President. President Salam has resigned effective January 14th.
The contrast between outgoing President Salam and Acting President Sebutinde was illustrated in their approaches to recent cases. Salam, during his previous tenure as Lebanon's UN Ambassador, consistently voted to condemn Israel, casting 210 votes against the Jewish state according to UN Watch. In 2008, he delivered a speech accusing "terrorist Jewish organizations" of committing "organized massacres" and later described Israel as a "triumph of blatant racist & colonialist choices" on social media.
In contrast, Judge Sebutinde emerged as a lone dissenting voice in the ICJ's January 2024 order on South Africa's genocide case against Israel, arguing that while Gaza faced a humanitarian crisis, total responsibility did not lie solely with Israel. "Hamas bears at least partial responsibility for the welfare of Palestinians," she wrote, noting instances where the terrorist group impeded aid delivery.
The leadership transition comes at a pivotal moment as the court handles multiple cases involving Israel. While Salam departs to lead Lebanon's government with support from both Muslim and Christian factions, his replacement, a newly appointed ICJ judge will be determined through elections in the UN General Assembly and Security Council starting February 5th, 2025.
Under Article 14 of the ICJ rules, when the Vice Presidency becomes vacant, the role falls to the senior judge based on length of service. The UN is likely to appoint the senior judge Peter Tomka of Slovakia as he has consistently demonstrated anti-Israel bias.
Sebutinde's judicial philosophy appears shaped by careful consideration of history. In her dissenting opinions, she has emphasized the importance of understanding the region's complex history from ancient times through the British Mandate period. She contends that proper legal assessment requires examining competing sovereignty claims and warns against incorrect conclusions about occupation and settlements.
"The ICJ failed to conduct critical analysis of pivotal issues," Sebutinde wrote in one dissent, arguing that reliance on 1949 Armistice lines as de facto borders was legally problematic.
The incoming Acting President's ties to Uganda's evangelical community, particularly the Watoto Church in Kampala, have drawn considerable attention. Christian Zionism is common in Ugandan Pentecostal circles and her colleagues emphasize that her 40-year legal career demonstrates rigorous adherence to international law which is consistent with her theological faith.
Salam's departure for Lebanese politics highlights the complex relationship of law and regional dynamics. As a member of Beirut's Sunni Muslim elite, he secured broad parliamentary support including from Christian lawmakers aligned with President Joseph Aoun, a Maronite Christian.
The UN will soon begin the process of selecting Salam's replacement on the court. The election requires winning majorities in both the General Assembly and Security Council, with permanent Security Council members wielding veto power.
Looking forward, Acting President Sebutinde faces the challenge of restoring the court's credibility. Her previous dissents suggest she will emphasize historical context and resist pressure to support Islamic conclusions.
"The Court should have declined to render an advisory opinion," she argued in one case, citing insufficient reliable information to fairly assess complex issues. She expressed concern that one-sided narratives prevented comprehensive examination of historical facts.
The transition highlights enduring tensions in international law between competing principles: self-determination versus territorial integrity, security versus humanitarian protection, national sovereignty versus universal jurisdiction and international law verses Sharia law. As Acting President, Sebutinde inherits responsibility for managing these tensions in an institution with a mandate to facilitate peaceful dispute resolution.
Her ascension comes as the court's role faces fresh scrutiny. Critics argue its decisions increasingly reflect political pressure rather than rigorous legal analysis. Supporters counter that international law must address current realities.
The contrast between Salam and Sebutinde's approaches to Israel-related cases reflects this broader debate. Where Salam emphasized Palestinian rights and Israeli obligations, Sebutinde has called for more correct analysis considering security threats and historical reality.
The process of selecting Salam's replacement will reveal whether UN member states prefer jurists who echo majority views or those, like Sebutinde, willing to write detailed dissents challenging opinions based on Islamic religious law.
Aurthur is a technical journalist, SEO content writer, marketing strategist and freelance web developer. He holds a MBA from the University of Management and Technology in Arlington, VA.
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