William Schabas, Canadian Head of UN Commission to Investigate War Crimes in Gaza

Source: Süddeutsche Zeitung, August 13

A diplomat he is not. Instead, William Schabas uses clear and provocative language. He once said that Israeli prime minister Benjamin Netanyahu was a danger to the survival of his country and should appear before the International Criminal Court. Consequently, the Israeli government has reacted strongly to the appointment of Schabas, the 63-year-old expert in international law, to head the commission of enquiry to investigate whether Israelis and Palestinians have infringed international law and human rights in the recent war in the Middle East. In any case, the government of Benjamin Netanyahu regards the UN Human Rights Commission as hostile to Israel. For which Schabas’ appointment is considered proof.

In his defence, the Canadian jurist says that he only took a position in his capacity as specialist in human rights. He is a judicious man who will now gather the facts in the Gaza Strip in an impartial manner. The important thing is that Israel cooperate in the investigation and present its perspective, for example when it comes to the bombing of UN schools in Gaza.

Schabas’ criticism of the Netanyahu government may be debatable but his competence is beyond doubt. A father of two and a grandfather of five, he is one of the best known experts among international criminal lawyers. After completing his legal studies, he first taught at the University of Quebec. Today, he teaches in London. But he is also invited to lecture in many parts of the world, from Rome to Ruanda and from Belgrade to Beijing. He gained practical experience in his work for the Truth and Reconciliation Commission in Sierra Leone, and as lawyer for the European Court for Human Rights. He is a good speaker and much in demand. He is constantly travelling and composes his many books in the air if necessary.

He became famous for his book on genocide, which is considered a standard work. He is also engaged in the world-wide movement to abolish capital punishment and for developing international norms in criminal law. Colleagues admire his elegant, clear writing style, in contrast to the usual dry legal language. According to an international criminal lawyer who is a friend of his, he is also conciliatory, likable and warm-hearted, and a pragmatist as well.

Will that be of any use to Schabas in trying to bring Israel to cooperate in his mission? He once said he was proud of his Jewish ancestors and was not anti-Israeli but critical of the Israeli government. In the Gaza Strip he will have to deal with delicate issues, for example whether the Israeli attacks claiming many civilian lives were proportionate. Radical Islamic Hamas welcomed his appointment. This can change quickly when Schabas examines its activities.