Former Supreme Court President Aharon Barak on Wednesday evening resigned from his position as an ad hoc judge on behalf of Israel at the International Court of Justice in The Hague “for personal and family reasons.”
In his resignation letter, Justice Barak thanked Prime Minister Benjamin Netanyahu “for the trust placed in me.” During his tenure in The Hague, Barak was reportedly a significant factor in reaching compromises in Israel’s favor, because of his reputation and status.
According to the statutes of the court, in the event of the resignation of an ad hoc judge, his country of origin may appoint a new judge in his place.
Kan 11 News noted that recently, there has been discussion in the government about the possibility that Barak would retire due to personal circumstances, especially his advanced age, hindering his ability to invest the required efforts, including frequent flights to the Netherlands.
Barak was appointed to the position by Netanyahu last January, and he joined the panel of judges in the lawsuit filed by South Africa against Israel alleging that it is committing genocide in Gaza. According to the rules in The Hague, a claimant or a defendant country can add a judge on its behalf, to be added to the 15 permanent judges on the tribunal.
In the opinion he gave as part of the ICC ruling, Prof. Barak wrote that “Retzach Am (genocide) is more than a pair of words for me.”
“I was a 5-year-old boy when, as part of Operation Barbarossa, the German army occupied my hometown of Kovna in Lithuania,” he wrote. “Within a few days, almost 30,000 Jews from Kovna were taken from their homes and placed in the ghetto. It was as if we were sentenced to death and were awaiting our execution.”
He continued, “On October 26, 1941, all the Jews in the ghetto were ordered to gather in the central square, known as ‘Democracy Square.’ About 9,000 Jews were taken from the square that day, and executed by machine gun fire.”
Barak explained in great detail why he opposes the demand for an immediate cessation of hostilities, and the definition of Israel’s actions in Gaza as “genocide,” a concept that represents, according to him, “calculated destruction, and human behavior at its worst.” According to him, “This is the most serious accusation possible, and it is woven into the experience of my personal life.”
Justice Barak will turn 88 in September.
