On January 26, 2024, the International Court of Justice (ICJ) issued a landmark ruling in favor of South Africa, which had filed a case against Israel for alleged genocide of the Palestinians in Gaza. The ICJ ordered Israel to take immediate steps to stop the violence, allow humanitarian access, and report on its actions within a month.

The ruling, which was based on the 1948 Genocide Convention, was welcomed by many as a historic victory for human rights and justice. However, not everyone agreed with the court’s decision. Out of the 17 judges who heard the case, two voted against some or all of the provisional measures ordered by the ICJ. One of them was Aharon Barak, an Israeli lawyer who was appointed as an ad hoc judge by Israel. The other was Julia Sebutinde, a Ugandan judge who has been serving on the ICJ since 2012.

Who is Julia Sebutinde and why did she dissent from the majority opinion? This article will explore her background, career, and views on the Palestine case.

Who Is Julia Sebutinde? 

Julia Sebutinde was born on February 28, 1954, in Uganda. She studied law at Makerere University and later obtained a master’s degree from the University of Edinburgh. She has had a long career as a judge, both in Uganda and internationally.

She started her judicial service in 1986 as a magistrate in Uganda. She rose through the ranks and became a High Court judge in 1996. She presided over several high-profile cases, including the inquiry into the murder of four cabinet ministers in 1998 and the trial of the leader of the Lord’s Resistance Army, Joseph Kony, in 2005.

She also served as a judge of the Special Court for Sierra Leone from 2005 to 2012, where she was involved in the prosecution of war criminals, such as former Liberian president Charles Taylor, who was convicted of aiding and abetting crimes against humanity and war crimes in Sierra Leone.

In 2011, she was elected as a judge of the ICJ, becoming the first African woman and the fourth woman ever to join the world’s highest court. She was re-elected for a second term in 2020.

She is also the chancellor of Muteesa I Royal University in Uganda and a former chancellor of the International Health Sciences University. She has been a member of the International Association of Women Judges and a goodwill ambassador for the United Nations Population Fund.

A Controversial opinion on Palestine

Sebutinde’s dissenting opinion on the Palestine case was surprising to many observers, as she was the only judge who rejected all six provisional measures ordered by the ICJ. She argued that the case was essentially and historically a political dispute, not a legal one, and that the court had no jurisdiction to settle it.

She also questioned whether South Africa had shown that Israel had committed genocide or had the intention to do so, as required by the Genocide Convention. She said that the evidence presented by South Africa was insufficient and inconclusive, and that the court should have waited for more information before issuing any orders.

She also expressed concern that the court’s ruling could have negative consequences for the peace process and the security situation in the region. She said that the court should have taken into account the views and interests of all parties involved, including Israel, which did not participate in the proceedings.

Her opinion was criticized by some experts, who said that she failed to apply the law and the facts properly, and that she ignored the gravity of the situation in Gaza. They said that genocide was a legal matter, not a political one, and that the court had a duty to prevent it from happening. They also said that the court’s ruling was consistent with its previous decisions and international law, and that it did not interfere with the political negotiations, but rather supported them.

The Ugandan government also distanced itself from her opinion, saying that it did not reflect its position on the Palestine issue. The Ugandan ambassador to the United Nations said that Uganda supported the rights and aspirations of the Palestinian people, and that it hoped for a peaceful and lasting solution to the conflict.

Sebutinde’s dissenting opinion on the Palestine case has brought her under the spotlight, and has raised questions about her role and influence on the ICJ. She is known as a strong and independent judge, who is not afraid to speak her mind and challenge the status quo. 

However, she has also faced criticism and controversy, both in Uganda and abroad. She has been accused of being biased, arrogant, and ambitious, and of having political agendas and personal interests. She has also been involved in disputes and clashes with her colleagues and superiors, and has faced threats and harassment for her work.

National stand of Uganda on Israel Palestine war

"Israel is coming back to Africa, and Africa is returning to Israel," Mr. Netanyahu said in 2016, declaring his new diplomatic initiative with African nations as one of his top priorities (DW).

According to Jerusalem post, less-known piece of history is that this African nation was proposed as a location for a Jewish state during Theodor Herzl’s time. Today, the nation has both an indigenous Jewish presence and ties with Israel. And there is so much potential for bilateral growth that has yet to be tapped.

Israel's exports to Uganda have grown at an average rate of 12.8% during the past 26 years, from $883k in 1995 to $20.3M in 2021. Uganda exported $7.27 million to Israel in 2021. In 2022, the Ugandan government and the Israeli Ministry of Defense inked a memorandum of understanding on defense cooperation, concurrently with the Ugandan police purchasing phone-hacking software from them.

Justice Sebutinde ruling at the International Court of Justice does not represent the Government of Uganda’s position on the situation in Palestine. She has previously voted against Uganda’s case on DRC. Uganda’s support for the plight of the Palestinian people has been expressed…

— Adonia Ayebare (@adoniaayebare) January 26, 2024 ">

Justice Sebutinde ruling at the International Court of Justice does not represent the Government of Uganda’s position on the situation in Palestine. She has previously voted against Uganda’s case on DRC. Uganda’s support for the plight of the Palestinian people has been expressed…

— Adonia Ayebare (@adoniaayebare) January 26, 2024

Besides, Israel's closeness to the Red Sea entrance means that it has distinct geostrategic interests in East Africa and the Horn of Africa. The local emerging markets are a source of raw materials and present an economic interest. However, gaining more clout through African votes in favor of resolutions at international fora like the UN continues to be a primary objective. In that case, Israel come ahead with their well-known leadership in agricultural technology and methods.

However, after the 7th October attack Kenya reacted forcefully against the Hamas along with other African countries like Zambia, the Congo, and Ghana, but Uganda stayed politically neutral and responded by splitting the two nations into separate states.

Moreover, Uganda’s national stand on this war with Non Alliance Movement (NAM), Adonia Ayebare, Uganda's permanent representative to the United Nations, who led Sebutinde's election campaign in 2020, posted on the social media platform X after the court order on Friday, claiming that “Justice Sebutinde's ruling at the ICJ does not represent the Government of Uganda’s position on the situation in Palestine. Uganda’s support for the plight of the Palestinian people has been expressed through our voting pattern at the United Nations.”

Why she stands With Israel in every measure

It is not clear why Julia Sebutinde went against all the measures while Israel’s judge voted in favor on two measures. She opined the war as historically a political conflict, on the other hand she has voted in favor of the same case on Russia- Ukraine war.

Within the span of four months from the invasion in the Gaza Strip, more than 10,000 (ten thousand) children have been killed, and nearly 27,000 people have died. How can someone say this is not a genocide?

The most concerning thing is that the judge Sebutinde, who has a PHD in Human Rights, voted against the measure that is claiming to enable the provision of urgently needed basic services and humanitarian assistance in the Gaza Strip. 

For the purpose of achieving political advantage, even global superpowers have abandoned their morality and humanity. But when judges, who stand for justice and equality, follow in their footsteps, it's as though the world, which was once a ray of hope, is speeding up its own demise.