Israel questions impartiality of five newly elected ICJ judges

The International Court of Justice expanded its bench on Wednesday as the UN General Assembly and Security Council approved five new members. Their nine year terms begin on February 6, 2027, and will conclude in February 2036. The group includes Mahmoud Daifallah Hmoud of Jordan, Dapo Akande of the United Kingdom, François Alabrune of France, Phoebe Okowa of Kenya, and Rena Lee of Singapore.

Israeli Ambassador to the UN Danny Danon immediately challenged the neutrality of the appointees. He described their professional backgrounds as troubling, arguing that their previous involvement in legal matters concerning Israel raises doubts about their ability to hear cases impartially. Danon specifically pointed to statements and legal work from the candidates that he believes conflict with the requirements of the court.

Hmoud and Okowa joined the court in 2025 to fill vacancies and have now secured full terms. The other three are new to the bench. Each candidate required majority support in separate votes from both UN bodies to secure their seats. Hmoud has served on the court since May 2025. Prior to his appointment, he represented Jordan at the UN, advised the Foreign Ministry on legal matters, and chaired the UN International Law Commission in 2021.

Danon cited Hmoud’s role in presenting Jordan’s positions regarding Israel’s security barrier in 2004 and its presence in the West Bank and east Jerusalem in 2024. In October 2023, Hmoud told the Security Council that Israel committed war crimes and violated international law. He later characterized Israeli actions as ethnic cleansing and genocide. Danon used these accusations to question Hmoud's capacity to assess Israel's case without bias.

Okowa, a professor at Queen Mary University of London, joined the ICJ in November 2025. She represented Namibia in February 2024 proceedings concerning the legal consequences of Israeli policies in the Palestinian territories. Akande, an Oxford professor and member of the UN International Law Commission, advised Japan in the same proceedings. The court issued an advisory opinion in July 2024 stating that Israel’s continued presence in the Palestinian territories was unlawful.

These advisory proceedings are distinct from the genocide case South Africa filed against Israel in December 2023. South Africa claims that military operations in Gaza violated the Genocide Convention, a claim Israel rejects by citing self defense following the Hamas attacks. The court issued provisional measures in 2024 but has not yet ruled on the core allegation. A timetable set in May 2026 allows South Africa to reply to Israel’s arguments by November 2027 and Israel to submit a further response by May 2029. The new judges could hear later stages of this case, potentially including a final ruling during their terms.

The court’s statute requires judges to act independently of their home countries. Article 17 restricts participation in cases where judges previously served as lawyers or legal advisers, though application depends on specific circumstances. Because Okowa and Akande worked on separate advisory proceedings, their election does not automatically bar them from the genocide case. Alabrune, France’s ambassador to the Netherlands, has represented France in cases involving the Genocide Convention. Lee, Singapore’s ambassador for international law, chaired negotiations for the UN high seas biodiversity agreement from 2018 to 2023. She is the first Singaporean elected to the ICJ, which remains the UN’s principal judicial body for settling disputes between states.