Thirteen countries have announced their intention to join South Africa’s complaint, which accuses Israel of “genocide” in the Gaza Strip, before the International Court of Justice (ICJ).
The latest, on June 22, Cuba, after Spain June 6, the third European country to make this announcement, after Belgium and Ireland.
South Africa has filed his complaint December 29, 2023 in front of the CIJthe United Nations tribunal that settles disputes between states. Pretoria accuses Israel of violating the Convention on the Prevention and Punishment of the Crime of Genocide in its military assault on Gaza.
The offensive has destroyed large parts of the Palestinian enclave, killed more than 36,000 civilians and led to massive population displacement. Lack of access to international humanitarian aid is also behind the famine threatens Gazaaccording to UN reports.
The Court ordered Israel on May 24 to: to immediately stop its military offensive ” in the southern Gaza city of Rafah. Israel has so far not complied with the decision.
Spain joins 12 other countries that want to take part in the trial
Spain thus joins 12 other countries that have announced or filed a “declaration of intervention” in the case before the ICJ, in order to become a party to the trial.
Among them, the Nicaraguathe Colombiathe Mexicothe Libya and the Palestine have filed a formal request and are waiting for the International Court of Justice in The Hague, Netherlands, to give its approval. L’Spain formally joined on June 28 these five countries having submitted their declarations of intervention to the ICJ.
Others have taken a political stance by announcing their intention to take part in the trial in support of South Africa, such as Belgium, Turkey, Egypt, Maldives, Ireland, Chile and Cuba.
Nicaragua : request for intervention submitted on February 8, 2024 Belgium : intention declared on March 11 Ireland: intention declared on March 27 Colombia: request for intervention submitted on April 5 Turkey : intention declared on May 1st Libya: request for intervention submitted on May 10 Egypt : intention declared on May 12 Maldives : intention declared on May 13 Mexico: request for intervention submitted on May 28 Chili : intention declared on June 2 Palestine: request for intervention submitted on June 3 Spain: request for intervention submitted on June 28 Cuba : intention declared on June 22 The Belgian approach
As a signatory to the 1948 Convention on the Prevention and Punishment of the Crime of Genocide, Belgium announced, through its Minister of Foreign Affairs, that it would provide the ICJ with its interpretation of the concept of genocide.
Hadja Lahbib, the Belgian Minister of Foreign Affairs, said on March 11 that “Belgium’s foreign policy must continue to distinguish itself as a staunch defender of respect for international law, and it is in this spirit that I am asking for intervention. Because there cannot be double standards when it comes to human life.”
Several forms of intervention
Two forms of intervention are possible under the statute from the ICJas provided for in its Articles 62 and 63. If a country other than the initial parties demonstrates an interest of a legal nature in a given case, it may request to become party to the trial under Article 62 of the Statute of the Court. So far, Nicaragua and Palestine requested this authorization in the case of “South Africa v. Israel”.
The other form of intervention is linked to Article 63 of the Court’s Statute, concerning “the interpretation of a convention to which States other than those concerned by the case are parties” (in this case, the Genocide Convention). Any State signatory to the Convention has the right to intervene in the procedure. If a State exercises this right, the Court’s judgment will be binding on it. Colombia, Libya, Mexico, Palestine et Spain have filed declarations of intervention under Article 63.
In its statement to the ICJ, Colombia states, among other things, that the Genocide Convention is “a cardinal instrument of international law.” The country argues that the case “raises vital questions regarding the interpretation and application of several provisions of the Genocide Convention.”
Pursuant to Rule 83 of the Rules of Court, South Africa and Israel were invited to submit written observations on these requests for intervention. None have yet been approved by the ICJ.
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