Danon questions impartiality of newly elected ICJ judges

The UN General Assembly and Security Council elected five judges to the International Court of Justice on Wednesday, prompting Israeli Ambassador to the UN Danny Danon to question whether some could hear cases involving Israel impartially. Their nine-year terms will begin on February 6, 2027, and run through February 2036.

Those elected were Mahmoud Daifallah Hmoud of Jordan, Dapo Akande of the United Kingdom, François Alabrune of France, Phoebe Okowa of Kenya and Rena Lee of Singapore. Hmoud and Okowa joined the court in 2025 to fill vacancies and have now secured full terms. The other three are new members. Candidates needed majority support in separate votes in both UN bodies.

Danon's criticism focused on the judges' previous statements and legal work concerning Israel. He described their backgrounds as troubling and argued that earlier involvement in proceedings concerning Israel raised doubts about their impartiality. Hmoud, who has served on the court since May 2025, previously represented Jordan at the UN, advised its Foreign Ministry on legal matters and chaired the UN International Law Commission in 2021.

Hmoud helped present Jordan's positions in proceedings concerning Israel's security barrier in 2004 and its presence in the West Bank and east Jerusalem in 2024. Speaking to the Security Council in October 2023, weeks after the Hamas attacks, he accused Israel of war crimes and violations of international law. He subsequently described Israeli actions as ethnic cleansing and genocide. Danon cited those accusations in challenging Hmoud's ability to assess Israel's case impartially.

Okowa, a professor of international law at Queen Mary University of London, joined the ICJ in November 2025. She represented Namibia in February 2024 proceedings on the legal consequences of Israeli policies in the Palestinian territories, including east Jerusalem. Akande, an Oxford international law professor and UN International Law Commission member, advised Japan in the same proceedings. The court's July 2024 advisory opinion found Israel's continued presence in the Palestinian territories unlawful.

Those advisory proceedings are separate from the genocide case South Africa brought against Israel in December 2023. South Africa alleges that Israel's military operations in Gaza violated the Genocide Convention. Israel rejects the allegations and says it acted in self-defense following the Hamas attacks. The court issued several provisional measures during 2024 but has not ruled on whether Israel committed genocide.

The case could continue for several years. A timetable set in May 2026 gives South Africa until November 2027 to reply to Israel's arguments and allows Israel to submit a further response by May 2029. The newly elected judges could therefore hear later stages of the proceedings, potentially including a final ruling during their terms.

ICJ judges must act independently of their countries. Article 17 of the court's statute restricts participation in cases in which judges previously served as lawyers, legal advisers or in other specified roles. Its application depends on the circumstances. Because Okowa and Akande worked on separate advisory proceedings, their election alone does not establish that they are barred from the genocide case or indicate how they would rule.

Alabrune, France's ambassador to the Netherlands, has represented France in international proceedings, including cases involving the Genocide Convention. Lee, Singapore's ambassador for international law, chaired the negotiations from 2018 to 2023 that produced the UN high seas biodiversity agreement. She is the first Singaporean elected to the ICJ. The 15-member court is the UN's principal judicial body, settling disputes between states and issuing advisory opinions to UN bodies.